Hina Singh vs The Coal India Limited & Ors
2026 Latest Caselaw 1959 Cal/2

Calcutta High Court

Hina Singh vs The Coal India Limited & Ors on 17 March, 2026

Author: Amrita Sinha

Bench: Amrita Sinha

OD-4                          ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                ORIGINAL SIDE

                                 WPO/81/2026
                                  HINA SINGH
                                      VS
                                 THE COAL INDIA LIMITED & ORS.

BEFORE:
The HON'BLE JUSTICE AMRITA SINHA
Date: 17th March, 2026.

                                                                              Appearance:
                                                                 Mr. Partha Ghosh, Adv.
                                                            Mr. Amal Kumar Dutta, Adv.
                                                                 Mr. Debashis Das, Adv.
                                                                   Mr. BratinSuin, Adv.
                                                                         ...for Petitioner.

                                                               Ms. Amrita Pandey, Adv.
                                                               Ms. Ayushi Mishra, Adv.
                                                            ...for Respondent nos.1 to 3.

1. The petitioner is serving in Coal India Limited. Her husband is an

employee of the Indian Railways. The husband of the petitioner is

currently posted in Nagpur and the petitioner is in Asansol. The

petitioner has minor daughter of not more than a year.

2. The petitioner seeks transfer. Her prayer for transfer has not been

accepted as the employer cannot spare her owing to shortage of

executives.

3. The petitioner relies upon the Office Memorandum dated 21st May, 2018

of Personnel Division Policy Cell where there is provision for working

couple to be accommodated in the nearest location in the Company. It

has been alleged that the officers of the same department have been

transferred after the prayer for transfer of the petitioner stood rejected.

4. Learned advocate representing the Coal India Limited being respondent

nos.1 to 3 submits that the Office Memorandum relied upon by the

petitioner will not be applicable in respect of her husband, who is

employed with the Railways. The said Office Memorandum is restricted

only to the working couples of Coal India Limited and its subsidiaries.

5. It has been contended that the employer is facing shortage of staff for

which the petitioner cannot be relieved immediately. It has been

submitted that the Company is working on the prayer made by the

petitioner.

6. Coal India Limited is directed to file a report by way of affidavit disclosing

the steps taken to find out a substitute in place of the petitioner so that

she may be relieved and posted on transfer to a place close to her

husband's place of posting. Such affidavit shall be prepared and

circulated by 17th April, 2026.

7. Relist the matter for further consideration on 5th May, 2026.

8. Let notice be served upon the non-appearing respondents.

9. It will be open for the non-appearing respondents to file affidavit in terms

of the direction passed hereinabove.

10. Affidavit of service filed in Court today is taken on record.

11. Parties to act on the basis of the server copy of this order duly

downloaded from the official website of this Court.

(AMRITA SINHA, J.)

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