CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 040/00221/2024 Misc. Application No. 040/137/2024 Date of order: This the 14th Day of May, 2025 HON’BLE MR RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Dr. William Layam Age 61 years Son of Late Pala Layam Permanent resident of village Nungfi Kachui, District Ukhrul, Manipur, Pin - 795142 At present resident of Quarter 2, Type 5, General Pool Accomodation, Motinagar, Shillong, District - East Khasi Hills, Meghalay, Pin-793014 .......Applicant -AND-

1. Ministry of Health and Family Welfare, represented by the Additional Secretary, Room No. 201-D, Nirman Bhawan, New Delhi, Pin110011.

2. The Director, Central Government Health Scheme (Head quarter), R.K. Puram, New Delhi, Pin 110022

3. The Additional Director (Headquarter), Office of the Additional Director, Central Government Health Scheme, Ministry of Health and Family Welfare, R.K. Puram, New Delhi, Pin - 110022 Digitally signed by NENGDEILHEN SINGSIT

4. The Additional Director (SAG)

Central Government Health Scheme, Nongrim Hills, Shillong, Pin - 793003.

---Respondents Present:

For applicant(s): Sri A. K. Choudhury For respondents: Sri R. Hazarika, Addl. CGSC ORDER (ORAL)

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:

The matter has been taken up today through Hybrid mode. 2. The instant application has been filed seeking the following relief:

8.1. To quash and set aside the impunged released order under No. CGHS/Estt./WL/1/4326-34 dated 30.08.2024 (Annexure A1)

with all consequential benefits.

8.2 To direct the Respondents not to proceed with the release order dated 30.08.2024 whereby the Applicant was released as Senior CMO (SAG) In Charge, CGHS Wellness Centre No.2, Shillong to Senior CMO (SAG), CGHS Wellness Centre, Agartala. 8.3 To direct the Respondents more particularly, the competent authority to reconsider the representation dated 31.08.2024 filed by the Applicant till the Applicant fully cures of his severe ailments.

Digitally signed by NENGDEILHEN SINGSIT

8.4 To direct the Respondents to pass appropriate orders for restoring the posting of the Applicant as Senior CMO (SAG) In Charge, CGHS Wellness Centre No.2, Shillong.

8.5 Cost of the application.

8.6 Pass any such order/orders as Your Lordships may deem fit and proper.”

3. Learned counsel for the applicant submits that applicant is a Senior Chief Medical Officer posted in the Central Government Health Scheme, Wellness Centre No.2, Shillong. He has approached this Tribunal being aggrieved with the order dated 30.08.2024 whereby a release order was passed directing him to join the Central Government Health Scheme, Wellness Centre, Agartala and sought to be relieved of his present posting with effect from 02.09.2024 without a formal transfer and posting order being passed by the competent authority. Despite his representation dated 31.08.2024 wherein he pointed out to the irregularity of the impugned order of release without a prior transfer /posting order and his complicated heath condition due to his two consecutive surgeries in October, 2023 at NEIGRIHMS, Shillong the authorities however by reply dated 03.09.2024 did not accede to his request and further directed him to join his new posting at Agartala with immediate effect.

Digitally signed by NENGDEILHEN SINGSIT

4. Sri R. Hazarika, learned Addl. CGSC for the respondents submits that the transfer of the Applicant from CGHS, Shillong to CGHS, Agartala is not permanent, rather for one year only. There is urgent requirement of Senior General Duty Medical Officer (GDMO) to take over the charge of CGHS Wellness Centre, Agartala. The Applicant being the experienced & efficient Officer has been transferred to Agartala on being approved by the Director of CGHS, New Delhi vide Note 146 of efile No.A- 22012/06/2023-CGHS-I (Computer No.823929/7) in the interest of public service. And he physically fit to join at CGHS WC Agartala. 5. Now, learned counsel for the applicant submitted