The court upheld the transfer of the applicant based on administrative exigencies, ruling that her claims of being transferred to a lower post were unfounded.

ORDER

Per: Justice Sunil Thomas, Judicial Member -

The applicant commenced her service as a Lady Village Officer under the Lakshadweep administration in 2005. She was promoted as Lady Social Welfare Organizer in 2020, in PB-1 with Grade Pay of Rs. 2,800/- in level-5 of the pay matrix and was posted at Kavaratti. According to the applicant there was only one post of Lady Social Welfare Organizer (LSWO) in the Union Territory of Lakshadweep. The official in-charge of different units of Women and Child Department are known as Mukhya Sevikas. There is already one Mukhya Sevika at Androth island. However, the post of Lady Village Extension Officer (LVEO) at Androth is vacant. Recently, 6 LVEOs were recruited. One among them was proposed to be posted at Androth. The proposal of deputing that newly recruited LVEO to Androth was modified by the 2^nd respondent and applicant was transferred and posted to Androth by Annexure A1 office order. It was provided in Annexure A1 that she was to continue to draw salary from Kavaratti. According to the applicant, there was no post of LSWO in Androth. Hence, she was transferred and posted to a lower post of LVEO at Androth. She has two school going children, the elder one being in the VI^th standard and younger one in UKG. There was no Kendriya Vidhyalaya at Androth. Applicant has been suffering from facial palsy and bell palsy (partial paralysis of face) for the past two months, evidenced by Annexure A2 medical certificate.

2. Accordingly, contending that there was no post of LSWO in Androth and that she has been transferred to a lower post, she filed Annexure A4 representation. Since no response was received, the present Original Application was filed challenging Annexure A1 order of transfer. An interim order of stay of Annexure A1 was granted by this Tribunal. Pending the OA Annexure A4 representation was dismissed by Annexure A5 communication. Hence, the OA was amended and a challenge to Annexure A5 was also incorporated.

3. The Original Application is filed seeking an order to quash Annexures A1 and A5 and for a direction to permit the applicant to continue in Kavaratti as LSWO.

4. A detailed reply statement was filed by the respondents contending that the LSWO post was allotted to the Union Territory of Lakshadweep and not to be stationed at Kavaratti. It was for the whole of Lakshadweep. She was transferred to Androth having due regard to the administrative exigencies. The claim set up by the applicant that there was no post of LSWO in Androth and accordingly, she was transferred to a lower post was absolutely unsustainable. Hence, they sought for dismissal of the Original Application.

5. A rejoinder was filed by the applicant answering the contentions in the reply statement. An additional reply statement as well as an additional rejoinder was filed by respective parties, reiterating their contentions in the Original Application and the reply statements. 6. Heard both sides and examined the records.

7. The basic contention of the learned counsel for the applicant was that there was only one post of LSWO in Union Territory at Kavaratti which was a level-5 post. By Annexure A1, the applicant was transferred to Androth where there was no such post. Since there was no post available in Androth she should not have been transferred and evidently the transfer that she was posted at a lower post of LVEO at Androth, which was lying vacant. It was contended that there was already one Mukhya Sevika at Androth and though the vacant post of LVEO at Androth was proposed to be filled up with a newly recruited LVEO, it was dropped. Accordingly, the contention of the applicant was that she has been transferred to Androth, practically to discharge the duties of LVEO. It was a lower post, in level-4. Hence, it was contended that the proposal to transfer to a lower post was contrary to FR-15. It was contended that the transfer was unconnected with administrative norms and lacked jurisdiction.

8. This premise on which