om:14-cl-2024-Jan — If the courts interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there would be complete chaos in the administration which would not be conducive to public interest

If the courts interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there would be complete chaos in the administration which would not be conducive to public interest — The chunk details the grievances of an Applicant who has been transferred from her workplace in Shillong to Siliguri, alleging harassment and discrimination as a Scheduled Tribe employee. She has fil... — Facts:The Applicant, a Khasi lady and married to Mr. Deiborki Passah, a Khasi gentleman (who is working in a private sector) is working as Senior Administrative Assistant (SAA) erstwhile UDC in the Office of the Headquarters of Chief Engineer. Shillong Zone, Shillong (Meghalya) in MES under Ministry of Defence, Government of India. She has been working in Shillong Station for a period of 16 years and only now has been transferred from the Office of Chief Engineer Shillong Zone to Chief Engineer Siliguri Zone vide Order, No. 131322/ PO/49/Engrs/EIC(1), dated l3-9-2022. However, she wants to stay back in Shillong with her family and has alleged that by transferring her from Shillong Zone to Siliguri Zone, the Respondents are causing harassment and discrimination against a Scheduled Tribe employee as she belongs to Khasi Community which is recognized as Scheduled Tribe.

Against the order of transfer, she has preferred this OA and drawn attention to two Government of India, Depar tment of Personnel and Training Office Memorandums, dated 24-6-1985 and 21-8-1989 on the subject “harassment and discrimination against Scheduled Tribes employees.” She has also alleged that her representation to stay back in Shillong has been disposed of by the Chief Engineer, Military Engineer Services in a casual, cryptic and mechanical manner. She has sought the following relief(s):

“8,1 To direct the Respondents to set aside and quashed the impugned Posting / Transfer vide Letter, bearing No. 131322/PO/49/ Engrs/E1C(1), dated 13-9-2022 in case of the Applicant.

8.2 To direct the Respondents to set aside and quash the rejection order impugned bearing No. 131322/PO/65/Engrs/E1C(1), dated 9-11-2022

8.3 To direct the Respondents to retain the Applicant at the present place of posting at Shillong.

8.4 To pass any other relief

(s) to which the Applicant may be entitled and as may be deem fit and proper by the Hon'ble Tribunal.

8.5 To pay the cost of the Application.“

Respondents have contested the OA. In their counter, they have averred that her service condition is for “All India transfer/service liability”. However, being a female employee, she was extended the benefit within the confines of the policy and being allowed to continue in the same station for a period of 16 years in total and accordingly posted in accordance with the guidelines of the policy provisions, based on vacancy and her service profile. Further, no harassment and discrimination has been done to the Applicant. Posting and transfer is an important fact of man management, which does not allow any exemption to SC/ST category employees. As per the extant policy, the Applicant was due for posting in TTP August, 2022 and accordingly she has been posted out.”