Central Administrative Tribunal - Ernakulam
B.P.Pookunhi vs Director Of Medical & Health Services on 7 June, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO.413/2012
Dated this the 7th day of June, 2012
C O R A M
HON'BLE Mrs.K. NOORJEHAN, ADMINISTRATIVE MEMBER
B.P.Pookunhi, S/o late Mohamed, Bayyapuram, Kadamat
Island, U.T.Lakshadweep, Male Nursing Orderly, Primary
Health Centre, Kadamat Island, U.T of Lakshadweep-682556.
.....Applicant
By Advocate Mr K.K.Vivekanandan.
Vs
1 Director of Medical & Health Services,
Kavarathi, U.T of Lakshadweep - 682559.
2 Joint Director (Health Services) District
Panchayath, Kavarathi, U.T of Lakshadweep-682559.
3 Collector cum Development Commissioner (Health
Secretary), Kavarathi, U.T of Lakshadweep-682559.
4 The Administrator, Union Territory of
Lakshadweep, Kavaratti-682559.
5 Smt.K.Havva Female Nursing Orderly, Primary Health
Centre, Chetlat Island, U.Tof Lakshadweep - 682554.
. ....Respondents
By Advocate Mr. S. Radhakrishnan.
The Application having been heard on 30.5.2012 the Tribunal delivered the
following:
O R D E R
HON'BLE Mrs.K.NOORJEHAN, ADMINISTRATIVE MEMBER The applicant, a Male Nursing Orderly, is aggrieved by his transfer from Kadamath Island to IGH Kavarathi by replacing a Female Nursing Orderly in violation of the rules.
2 Brief facts of the case as stated by him is that he is resident of Kadamath Island and belongs to Schedule Tribe community. He is a disabled person with 50% loss of eye sight who is presently working at Primary Health Centre, Kadamath Island as Nursing Orderly. He is superannuating after 3 years. It is averred that he has put in more than 13 years service at the Indira Gandhi Hospital at Kavarathi. On various periods he has served in other PHCs in the U.T of Lakshadweep. It is averred that his eye sight is diminishing due to stress and strain put on the only eye during the past 48 years and he needs assistance to move after sunset. It is stated that he has to look after his 95 years old ailing mother and his sick wife. By Annx.A4 the 2nd respondent issued transfer order transferring him to IGH Kavarathi by replacing him with the 5th respondent, a Female Nursing Orderly who has put in 23 years service at Kadamath itself. The impugned transfer order was issued in gross violation of Annx.A7 transfer policy and on the basis of a false representation submitted by the 5th respondent. He alleged that the transfer of the 5th respondent, a Female Nursing Orderly, to PHC Kadamath is against the requirement of the Medical Officer at Kadamath as there is already one Female Nursing Orderly in the PHC. Moreover the sanctioned strength of the Nursing Orderly is one Male Nursing Orderly and another Female Nursing Orderly. He alleged that Female Nursing Orderly will not be a substitute for Male Nursing Orderly.
3 On behalf of the respondents the standing counsel submitted a copy of the note sent by the 2nd respondent in the matter. In this note it is submitted that as per Govt of India instructions, an employee who is retiring within two years should be considered for choice posting. The 5th respondent, Smt.K.Havva, FNO, PHC, Chetlath will be retiring on superannuation on 30.4.2013. She has requested to transfer her to her native Island Kadamath, since the applicant MNO, PHC Kadamath has already completed his normal tenure of 3 years at Kadamath. Hence, the 5th respondent was transferred to PHC Kadamath replacing the applicant who is well experienced in Operation Theater duty in IGH. Since the applicant has already completed his normal tenure he can not insist on his further retention. The respondents have to consider the cases of other natives like the 5th respondent whose husband is heart patient. Further the applicant is well trained in Theater duty his service is required at IGH for giving training to junior MNOs/FNOs to enable the respondents to utilise their services in the Theater.
4 Heard the learned counsel for the parties and perused the records. 5 The scope of judicial review in the realm of transfer is limited. Various judgments of the Apex Court uphold the view point that the wheels of administration should be allowed to run without shackles to achieve the object of excellence in administration. Therefore, I do not find any need to interfere on behalf of the applicant, as no injustice has been done to him. His experience for the specialised job in the Operation Theater according to the respondents will come in handy to train other nursing orderlies at IGH Kavarathi. He has completed his minimum tenure of 3 years at PHC Kadamath. As per Govt of India instruction, an employee who is retiring in two years should be considered for choice posting. It is also stated that the 5th respondent is a native of Kadamath Island and she is going to retire on 30.4.2013. The number of posts of Nursing Orderly is limited at each Hospital/PHC. As far as his requirement for medical treatment for his wife/ailing mother are concerned, there are many government servants who are similarly placed like him in the islands.
6 The respondents have not disputed the plea of the applicant that his vision is reduced by 50% and he has to take care of his 95 year old ailing mother and wife. They only stated that there are many like him. Hence, in view of the peculiar facts and circumstances of the case, I direct the 2nd respondent to consider the case of the applicant for posting him back to PHC, Kadamath against the vacancy created by the superannuation of 5th respondent on 30.4.2013. He is further directed to consider the Annx.A9 representation to the applicant and intimate him about the nature of action proposed on his request, within a time line of three months. No costs.
Dated 7th June 2012 K.Noorjehan Administrative Member Kkj