State authority duty bound to post physically-fit officer/official to hard station: DB

0
136

STATE TIMES NEWS
JAMMU: In an appeal filed by the General Administrative Department challenging order of the Central Administrative Tribunal (CAT) whereby the CAT directed respondents to hold Medical Board for examining applicant and also review medical reports of his family members and then arrive at a decision regarding his representation, a Division Bench of Jammu & Kashmir High Court comprising Justice Tashi Rabstan and Justice Sanjay Dhar, while upholding the order of Central Administrative Tribunal (CAT), observed that petitioner herein, which is the State authority, should not hesitate to constitute a Medical Board to examine health condition of the respondent, who has been posted at Ladakh, which is a hard station in terms of climatic conditions, where only a physically-fit person can be posted. DB further ordered that the State authority, even otherwise, is responsible and duty bound to post an officer/official to such a hard Station, who is physically fit.
It is worthwhile to mention here that applicant, namely Kaiser Ahmad Bhawani has challenged transfer order dated October 27, 2020 whereby he was transferred and his services were placed at disposal of Union Territory of Ladakh on deputation basis, on the grounds that he has serious medical ailments and that his family members including, son and mother are having serious medical problems and therefore, impugned order be quashed.
Sr. Adv Sunil Sethi, appearing for applicant, made a request that applicant is not at all in a position to carry out transfer order because of serious medical ailments of self, his son and his mother and placed reliance on Clause-C (4) (III) of transfer policy of Government employees issued vide Government order No. 861-GAD of 2010 dated 28.07.2010, which states that a Government employee holding any post may be transferred even before completion of minimum tenure, if transfer is sought on health grounds supported by medical certificates issued by duly constituted Medical Boards. The counsel for the applicant has made a plea/request to this tribunal to kindly direct the respondents to hold a Medical Board to examine his condition and after Medical Board gives decision, whether favourable or un-favourable to applicant, only then a decision can be taken finally by the Government as to whether the applicant should join his new place of posting or not.
The CAT, after hearing both sides, had directed respondents to hold Medical Board for examining applicant and also review medical reports of his family members and then arrive at a decision regarding his representation. This exercise may be completed within a span of four weeks. In the meantime, interim order dated February 26, 2021 shall continue till next date of hearing before the Bench. Against this order, the General Administration Department filed present appeal, which was dismissed by the Division Bench.