Heena Dobhal vs Union Of India & Others

L. Narasimha Reddy, J

The applicant is working as Divisional Medical Officer (DMO) at Jharipani of Northern Railway since 2015. Through an order dated 02.03.2020, the competent authority transferred her as DMO, Moradabad. Initially, the applicant filed a Writ Petition before the Hon'ble High Court of Delhi, challenging the order of transfer, and since it was not entertained there, the applicant has filed this OA before this Bench.

The applicant contends that her old aged father and mother are undergoing treatment at Dehradun, and there would be none to lookafter them in case she is transferred to Moradabad. Various other grounds are also pleaded.

We heard Ms. Samridhi, learned counsel for the applicant and Shri Deepak Bhattacharya, learned counsel for the respondents.

The transfer of the applicant is from Jharipani to Moradabad. It is not in dispute that Jharipani is far remote with minimum facilities, whereas Moradabad is a Divisional Headquarter of Northern Railway. There is a well established Divisional hospital at Moradabad and many other facilities are also available there. The applicant is transferred on completion of five years of service at Jharipani. In a way, her transfer is to a comparatively better place. We do not find any basis to interfere with the order of transfer. The OA is accordingly dismissed.

Having submitted a representation against the order of transfer, the applicant did not join the duty. We are of the view that she can be granted 15 days time from now to join at Moradabad. In case, she reports to duty within period i.e., before 14.08.2020, no action shall be taken against her for not joining ever since the order of transfer.

There shall be no order as to costs.