Dr. Smily John vs Chief Secretary, Andaman & Nicobar Administration Secretariat & Ors

Amrita Sinha, J

The transfer order dated 8th May, 2026 transferring the petitioner from Ayush Hospital to CHC Diglipur is impugned in the instant writ petition.

The petitioner is a contractual medical officer (Ayur), NHM. She is currently fifty nine years of age and claims to suffering from various ailments.

The impugned transfer order mentions that the officer shall be relieved within seven days of the order of transfer or else the officer shall stand automatically relieved after expiry of seven days from the date of the transfer order and report to her new place of posting.

The petitioner claims to be on leave for a period of three months since March, 2026 and she is due to join in June, 2026. It has been submitted that it will be extremely difficult for the petitioner to join her new place of posting as she will not be provided any travelling allowances, lodging charges et cetera. Her present health condition will stand in the way of proper dispensation of her work. She will be having problem involving travel, relocation and adjustment to a new place.

She was earlier posted in PHC Kalighat, Diglipur from November, 2009 to April, 2010 and has been transferred nearly five times within her nine years of duty at various remote and outstation/ inter-island places.

The petitioner has already filed a detailed representation before the Secretary (Health)/MD(MHM & NAM), A&N Administration with a request to permit her to be retained at her present place of posting upon cancellation of her order of transfer. The said representation is pending consideration since 12th May, 2026.

Prayer has been made to direct the respondents to take a decision on the petitioner's prayer for retaining her at her present place of posting.

Learned advocate representing the respondents is yet to receive any instruction in the matter.

As it appears that the time within which the petitioner ought to have joined the transferred place of posting has already expired and the representation filed by the petitioner seeking retention at her present place of posting on cancellation of the transfer order is pending consideration at the end of the authority, accordingly, the instant writ petition is disposed of by directing the Mission Director (UT Ayush Mission) [Secretary, (Health)] (MHM & National Ayush Mission) being the respondent no. 3 herein to take a decision on the petitioner's prayer in accordance with law at the earliest but positively within a period of one week from date of communication of this order.

A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

If the prayer of the petitioner is disallowed, then let no coercive steps be taken against the petitioner till 9th June, 2026.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities.