The Calcutta High Court while observing that Government Employees can't be made to risk their lives in ordre to render their services, allowed a School Teacher transfer to a nearer place on ground of Medical Condition.
The single-judge bench of Justice Abhijit Gangopadhyay allowed the writ so filed in which she pleaded that Doctor has advised her to avoid journey and stress in the medical condition she is suffering from since 2015 and pertaining to which facing difficulties in attending her school.
As her tenure at the school has not crossed five years, it chose not issue no-objection certificate. Accordingly, she was sent for medical examination.
To this, the Court noted that if the Medical Board has advised her to avoid journey, it is immaterial whether she is short of some months service from five years as on date.
Since, she has not been transferred till date, the Court noted that it is appropriate to calculate her tenure to be more than 5 years now. It also added that Medical Board's advisory cannot be overshadowed by any fact.
"When advise is to avoid journey after medical test by not an individual doctor but a Medical Board the service period cannot stand in the way for transfer."
The school returned her application for being single teacher in the subject of Sanskrit. The Court stated that an embargo and other adverse conditions which were imposed upon a single teacher (who has applied for transfer) by a Government Order is also not applicable in her case.
It was held that she applied before this said Govt Order and this having no retrospective effect, cannot be made applicable to her application for transfer and her case was required to be considered under the unamended General Transfer Rules of 2015.
Setting aside the ground taken by the school in returning her application as ‘single teacher’, the Court also quashed the contention of non-completion of five years service and noted that it cannot also be a ground.
The Court thus declared that there is no impediment for the petitioner for getting a transfer to a school nearer to her residence.
The writ petition was thus allowed.
Case Title: Snigdha Datta (Basu) vs The State of West Bengal & Ors.
Case Details: WPA 16680 of 2021
Coram: Justice Abhijit Gangopadhyay
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