Mohammad Shafi vs U.T of J&K & Anr.

01/ On the joint request of learned counsel for the parties, this O.A, which is otherwise also premature, is taken up for final disposal at the admission stage.

02/ Case of the applicant, as projected by him in the O.A, is that he is working as Constable in IRP 14^th Battalion, Chhani Himmat, Jammu, under Belt No. 682/ARP-007232. Learned counsel for the applicant submits that the applicant is suffering from various ailments, which are serious in nature and he is under the constant medical care of Specialists Doctors. It is further submitted that the ailments of the applicant are also examined by the Standing Medical Board, who have already issued a certificate in favour of the applicant dated 11-09-2021, whereby the said Medical Board has opined that the patient is suffering the Mellitus (T2DM) and recurrent depression disorders. It is submitted that in view of the ailment of the applicant and the finding of the Consultant - Neurology, he has been advised to work at a place, which is near to his family, providing further that the weather conditions are very important for the health condition of the applicant.

03/ After arguing at length, learned counsel for the applicant submitted that the applicant has moved a representation before the competent authority seeking consideration of his transfer to a suitable place in view of the health conditions and the related medical opinion aforesaid.

04/ Law is no more res integra that transfer of an employee is an exigency of service. No person has a right, as a matter of choice, to be posted at a particular place. It is for the competent authority to utilize the services of an employee in the best administrative and public interest. An employee, in the matters of transfer, should, at the first place, knock the doors of the competent authority by moving representation and project his grievance.

05/ Learned counsel for the applicant submitted that the applicant has already submitted a representation before the respondents on 30-11-2023, which, however, has not, as of now, been decided on its merits coupled with the fact that the applicant is suffering from the ailments mentioned above.

06/ Although the learned counsel for the respondents vehemently argued that the applicant has no right to seek a posting of his choice as, according to him, the transfer is an exigency of service yet it is apt to mention here that an employee has a right to put forth his genuine grievance before the employer/competent authority and if the problem of an employee is genuine, the competent authority is not powerless to consider his/her claim/ representation if the same is bona fide and is substantiated by the opinion of the experts.

07/ Heard learned counsel for the parties.

08/ This O.A is accordingly disposed of by providing that the respondents shall consider the representation of the applicant dated 30-11-2023 on its merits in accordance with rules and while according consideration to the same, the applicant is free to submit a copy of this O.A before the respondents. It is expected that the respondents/competent authority will take a humanitarian view in the matter given the facts and circumstances of the case and the medical opinion as appended with the O.A. However, it is left open for the respondents to take a decision in the matter in the best interest of public and administration.

09/ O.A is disposed of accordingly along with M.As.