Calcutta High Court (Appellete Side)
Smt. Sonali Das vs Union Of India & Ors on 6 February, 2020
225
06.02.2020
Ct. No.16
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPCT 198 of 2012
Smt. Sonali Das
Vs.
Union of India & Ors.
Mr. Malay Basu, Sr. Advocate
Mr. Tulsidas Roy
... For the petitioner
Ms. Chandreyi Alam (Gupta)
Mr. Indrajeet Dasgupta
Mr. Santanu Chatterjee
... For the respondents
The writ petition was adjourned from time to time in order to ascertain the place where the writ petitioner can be posted. There cannot be any doubt that at the time when the interim order was passed, the child of the writ petitioner was in a school and the constant attention of the mother was required as the child was suffering from disabilities. At present the son is out of school. The husband of the writ petitioner had retired from service. The job is essential for the writ petitioner. She has also foregone all her benefits of promotion so as to look after the child. The situation, however, has changed by reason of the 2 retirement of the husband of the writ petitioner. The child as well is no more studying in any school.
The writ petitioner had given three options for her posting. The authorities concerned, however, have not decided the said issue, instead, has observed in a communication addressed to Smt. Chandreyi Alam, learned advocate representing the respondents in this proceedings. The information furnished by the concerned officer dated 25th January, 2020 is reproduced hereinbelow:-
"(a) The Deptt on her choice had posted the indl to GE (I)(Fy) Ishapore which was her 3rd choice stn. The distance from her present office i.e. GE (AF) Barrackpore to her residence is about 2.5 KM approx. The distance from GE (I) (Fy) Ishapore to her residence is only 2.1 KM approx. The 3rd choice station is much more nearer to her residence than the present unit where at present the petitioner is serving. Her 1st choice stn i.e. GE Barrackpore is 3 KM and CWE(S) Barrackpore is also 3 KM approx."
It appears from the above communication that the distance from Ishapore to her residence is 2.1 KM approximately. The third choice station is much more nearer to her residence than the present unit where at present the petitioner is serving. In order to ascertain the correctness of this, we have ourselves find out from the Google map that the 3 distance between Ishapore and Barrackpore is about 4 KM. However, the distance between the residence of the writ petitioner and the office of the respondent authorities is claimed to be 2.1 KM approximately.
Our attention is drawn to office memo dated 6th June, 2014 where it is emphasised that if the employee has a disabled child and the employee is the main care giver of such child, then the care giver of the disabled child may be exempted from the routine exercise of transfer/ rotational transfer subject to the administrative constraints.
It appears that the transferred post is within the periphery of Barrackpore zone and unless there are compelling reasons to transfer her to Ishapore unit, we expect the authorities concerned to retain her in the present posting. The authorities concerned shall also take into consideration that an employee in such a situation is also exempted from rotational transfer subject to the administrative constraints. We have not been shown any material that there are administrative constraints for such transfer.
In view of the admitted fact that the son of the writ petitioner is differently abled child, the case of the writ petitioner may be considered sympathetically. We may also record that the 4 cause of action that was available to the writ petitioner at the time when the prayer was refused had changed substantially. We are not expressing any opinion as to whether in the given facts and circumstances the writ petitioner would be entitled to continue in service at Barrackpore where she is presently posted.
We expect the authorities concerned to consider the matter sympathetically within a period of two weeks from date in view of the circular dated 6th June, 2014.
The arrear salary, if any, shall be paid in the meantime treating her to be in service at Barrackpore and so long the decision has not been communicated to her, she would continue to remain as an employee of the Barrackpore unit.
With the aforesaid observations, the writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)