CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH O.A. 351/1683/2022 Date of Hearing: 19.03.2026 Date of Order: 27.04.2026 Coram : Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member In the matter of Smti Mariam Joy W/o Dr. M. Joy, aged about 59 years R/o Sneha Grace Bhavan, Gurudwara Lane, Port Blair-744101, South Andaman presently working as Post Graduate Teacher (Biology) posted at, District Institute of Education & Training (DIET) Garacharama, Port Blair, A & N Islands E-mail: drmjoy2002@yahoo.co.in; Mobile No.

9933246227.

Applicant ……….

-versus-

1. Union of India, Service through the Secretary, Ministry of Education, Govt. of India, Shashtri Bhawn, New Delhi-110001.

2. The Andaman & Nicobar Administration, through the Chief Secretary, Secretariat Building, Port Blair, Pin-744101.

3. The Secretary (Education), Andaman and Nicobar Administration, Secretariat Building, Port Blair-744104.

4. The Director of Education, Andaman & Nicobar Administration, Port Blair, Pin 744104. Contact No. 03192-232777/230101 email:

dired@and.nic.in

5. The Principal, Government Senior Secondary School, Mohanpura, Port Blair-744101 …… Respondents For the Applicant : Mr. Rajinder Singh; Counsel For the Respondents : Dr. D. Chowdhury; Counsel O R D E R Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member:

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“(A) An order do issue directing the respondent No. 4 to review the directions contained in the letter bearing No. F. No. 21- 304/Estt./Edn/PFT/1630 dated 06^th April 2022 (Annexure-A/10) to the extent of grant of Extraordinary Leave without Medical certificate and to treat her on duty instead of treating her on EOL without medical certificate in view of the peculiar facts of the case.

(B) An Order be passed directing the respondent No.4 to transmit the records of the case, so that the conscionable justice may be administered in favour of the applicant.

(C) Any such order or orders be passed and or direction or directions be given as this Hon’ble Tribunal may deem fit and proper.

(D) Cost and incidentals to this application.”

2. Facts as narrated by the applicant are as follows:

Applicant was appointed as a Post Graduate Teacher in Biology vide order dated 18.09.2006. By order dated 24.12.2020, applicant was transferred from Government Senior Secondary School, Mohanpura to Government Senior Secondary School, Sita Nagar. Applicant made representation for its cancellation and for retention in GSSS, Mohanpura. She was relieved off her duties with effect from 31.03.2021. Applicant was placed on COVID-19 management duty under District Administration, South Andaman with effect from 03.05.2021 to 27.07.2021. By order dated 28.07.2021 all the teachers including the applicant who had applied for retention / adjustment of transfer during Annual General Transfer – 2021 were directed to appear before the Medical Board. In case of the applicant, the date of appearance was 06.08.2021. Applicant appeared before the Medical Board on 06.08.2021 and the Board submitted its report on 07.09.2021.

Taking into consideration the Medical Board findings & report, Director of Education issued Order No. 2104 dated 29.11.2021 modifying the earlier order by transferring the applicant from GSSS Mohanpura to District Institute of Education & Training (DIET) Garacharma. Assistant Director (Administration) with the approval of the Director of Education granted the applicant 126 days Extraordinary Leave without medical certificate with effect from 28.07.2021 to 29.11.2021 against which the applicant made representation dated 16.04.2021 but the same was rejected. Hence this application.

3. Applicant has based her case on the following grounds:

3.1 Respondent No. 5 relieved the applicant on 31.03.2021 without considering her representation and medical board findings & report. This action is bad in law indicatin