- (1.) The petitioner herein being a group-C employee of the Health Department has undisputedly reached at the fag end of his service career. The said petitioner has been transferred from Dhubulia Chest Sanatorium to Medinipur Medical College and Hospital. In view of the office Memorandum dated 28th February, 2002 issued by the Department of Health and Family Welfare, Government of West Bengal, posting of a government servant three years before retirement should be in a station or near about the said station where he/she intends to settle after retirement. Furthermore, the Chief Medical Officer of Health, has also been requested by the aforesaid Office Memorandum to make transfers within the respective districts.
(2.) Clause (vii) and (viii) of the said Office Memorandum dated 28th February. 2002 are set out hereunder: vii) 2 (three) years before the retirement of a Government servant, his/ her posting should be in a station where he/she intends to settle after retirement or near about as far as practicable; viii) Chief Medical Officer of Health may make transfers within their respective districts. As regards other employees including those who are under the Directorates of Aurveda and Homoeopathy and in the event of inter-district transfers, the Director of Health Services, West Bengal, the Director of Ayurveda, West Bengal and the Director of Homoeopathy, West Bengal, as the case may be, will be the appropriate authority.
(3.) Referring to the aforesaid Memorandum, learned Advocate of the petitioner submits that the petitioner herein should not have been transferred to the Medinipur Medical College and Hospital at this stage since the said petitioner will retire from service on attaining the age of superannuation in the year 2011, i.e. admittedly within a period of less than three years from the date of issuance of the transfer order dated 23rd April, 2009.;