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Judgment
H. S. Thangkhiew, J
Heard Mr. Philemon Nongbri, learned counsel for the petitioner.
Issue notice.
The petitioner who is a Dentist serving in the Health Department, Government of Meghalaya is before this Court seeking intervention in the order of transfer dated 01.11.2022, whereby she has been transferred from Ranikor CHC to Nengmandalgre, East Garo Hills, with effect from the date of taking over charge.
The petitioner is resisting the transfer in view of the fact that her son who is 8 years old, is a disabled child suffering from Autism Spectrum Disorder (ADS), as such needs constant care and treatment.
Mr. Philemon Nongbri, learned counsel for the petitioner submits that as the child of the petitioner needs constant treatment, relocation from the present place of posting will disrupt the same, as no treatment facilities are available in the new place of posting. He further submits that the petitioner has been commuting to the present place of posting on a daily basis. It is further submitted that there is no Transfer Policy in place in the Health Department, prescribing any guidelines in such cases.
The learned counsel has drawn the attention of this Court to the Central Policy, wherein he submits that there are clear guidelines on relocation or transfer of such employees who have children of similar disabled cases. He therefore prays that in the interim, the transfer order be kept in abeyance. He also submits a representation has also been preferred before the respondents for consideration of the petitioner’s case.
Mr. K.P. Bhattacharjee, learned GA submits that instructions will be necessary to be obtained from the respondents, as such he prays and is allowed 3(three) weeks’ time to obtain the same.
Having heard the learned counsel for the petitioner and on examination of the materials annexed at Annexure-3 to the writ petition, it is therefore directed that until the next date the impugned transfer order dated 01.11.2022, shall not be given effect to. As the petitioner has also filed a representation against the transfer order, pendency of the writ petition shall not be a bar for the respondents to consider the case of the petitioner in accordance with law.
List this matter on 07.02.2023.