G. PADMA DEVI Vs. UNION OF INDIA
HIGH COURT OF MANIPUR
G. Padma Devi
UNION OF INDIA
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RAMALINGAM SUDHAKAR, J. -
(1.) The prayers in this writ petition are as follows:-
"i) Issue rule nisi and call for records;
ii) Issue an appropriate writ or direction as to why the order dated 18.12.2018 passed in OA. No. 042/00141/2018 by the Ld. Tribunal shall not be quashed and set aside as the same has been passed without appreciating relevant material and facts;
iii) Issue a writ in the nature of certiorari for quashing and setting aside the impugned transfer order dated 12.01.2018 issued by the respondent authority declaring the same as illegal and unconstitutional;
iv) Pass such further order(s)/ direction(s) which this Hon'ble Court may deem fit and proper to secure ends of justice. And
In the Interim, pending disposal of the writ petition the Hon'ble Court be pleased to allow the petitioner to remain in her present posting at JNV Imphal West keeping in abeyance the impugned orders dt. 12.1.2018 and 18.12.2018."
(2.) The petitioner, in this case, is working as a Librarian in Jawahar Navodaya Vidyalaya (JNV) at Imphal w.e.f. 17.10.2001 and after completion of more than 17 years, the case for transfer was considered on 1.1.2017. The petitioner had opted for transfer to JNV, Thoubal, Manipur and JNV, Kohima, Nagaland but the respondents authorities considering the fact that there was no vacancy in these places placed the petitioner at JNV, Ukhrul.
(3.) This was challenged by the petitioner before the Central Administrative Tribunal, Guwahati contending that she is suffering from Prolapse Intervertebral Disc (PIVD) with Osteo-Arthritis and Bilateral Knees with pitting edema and is undergoing treatment at Imphal. It is further pleaded that the distance between JNV, Khumbong and JNV, Ukhrul is about 100 kms and there is no proper transportation and road connectivity.;
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