Zeenath Bibi vs Union Of India & Ors.

Affidavit-of-service filed in Court today be kept with the records.

The present challenge has been preferred against a judgment of the Central Administrative Tribunal, Port Blair Bench, whereby the challenge of the petitioner to her transfer outside Port Blair, on the ground of 40% physical disability of her husband, was turned down.

Learned counsel for the petitioner points out that the learned Tribunal, while dismissing the petitioner’s application, made an observation that if the petitioner is a caretaker of her husband, nothing prevents her from jointly praying with her husband for her posting to any place within a Non-A zone, where she has never worked till date. However, by a previous order of the Tribunal dated December 20, 2021 passed in OA.351/1316/2021, preferred by the petitioner’s husband, the learned Tribunal itself had set aside an order of transfer of the husband outside Port Blair and remanded the matter back to the authorities to issue a fresh posting order to accommodate the applicant therein (the husband of the present petitioner) within Port Blair Zone.

It is submitted that in view of the said order, taking into consideration the 40% disability with permanent physical impairment of the petitioner’s husband, the aforesaid premise of the Tribunal’s judgment was erroneous.

Moreover, it is argued that the petitioner specifically objected to the authority of the CDC Officer on whose recommendation the impugned transfer was decided upon, on the ground that if the Notification dated June 16, 2023 recommends that only the Secretary (Health) can exercise the powers of a regular Director in the absence of a regular incumbent, the legal authority of the CDC Officer to chair the establishment is in doubt. However, the learned Tribunal did not advert to or adjudicate upon the said foundational issue at all.

Upon hearing learned counsel, we are satisfied that a prima facie case for hearing of the present challenge on merits, on the aforesaid grounds and the other grounds taken in the writ petition, has been made out.

Accordingly, the matter be listed before the regular Bench in the Monthly List of December 2026 for final hearing, subject to the convenience of the said Bench.

There shall be a stay of operation of the impugned judgment of the Tribunal and the impugned transfer order of the petitioner till December 24, 2026 or until further orders, whichever is earlier.

Affidavit-in-opposition to the present writ petition shall be filed by November 20, 2026. Reply thereto, if any, be filed by November 27, 2026.