In Re: Pritigopal Chanda

Susanta Chatterji, J.—As suggested and agreed to, the matter has been finally heard by this Court since the Respondents have produced all the relevant files and papers.

Heard Mr. Sengupta, learned Advocate for the Petitioner and Mr. Ghosh, learned Advocate for the Respondents authorities. It appears that the Petitioner, who happens to be a Judicial Officer under the West Bengal Higher Judicial Service, filed this writ petition challenging the impugned order of transfer dated May 7, 1993 and May 31, 1993, copies being in Annexs. ''J'' and ''L'' to the petition and also the order dated April 14, 1993 and also praying for permitting the Petitioner to remain in the present posting or any suitable posting in and around Calcutta and for restraining the Respondents from disturbing the Petitioner from carrying on his duties as Judge, Second Special Court (Essential Commodities Act), Calcutta in any manner whatsoever.

It is contended on behalf of the Petitioner that the Petitioner would shortly reach the age of 58 years and it is within less than 6 months time and if he is to retire by 60 years age in terms of the order of the Hon''ble Supreme Court, he can continue for sometime more till the age of 60 years. In fact, he is in his last days of retirement after a long working career. It is further stated that the Petitioner happens to be a heart patient. There is a Medical Advice that if the situation occurs, he has to undergo Thoracic surgery. Petitioner has stated in detail that by the impugned orders, he is sought to be posted at Burdwan where there is no medical facilities for necessary surgery and he has also produced a written opinion of the Director of Health Services (Admn.), West Bengal, being in Annex. ''K'' to the petition wherein it is noted that there is no such medical facility as needed by the Petitioner if the situation arises for his Thoracic surgery at Burdwan.

Stating all these facts, the Petitioner has prayed that he may be posted at and/or around Calcutta and the orders complained of as to transfer may be revoked and/or be not given effect to. Respondents authorities have, however, produced relevant file and on perusal thereof, it appears that a Medical Board was constituted before which the Petitioner appeared and in view of such report the Petitioner has been suffering from Aortic Valve disease and experiencing repeated anginal attack, there is no doubt that he needs treatment and may require surgery any time and such facilities are not available outside Calcutta, in this State. The Medical Report is in the, file produced by the Respondents and the Petitioner''s last representation along with relevant notes were placed before the Respondents authorities. It was found by Padma Khastgir J. (as Her lordship then was) in charge of administration at the relevant time that--

Considering the note of the Registrar that Mr. P.G. Chandra''s transfer is overdue, he may be transferred to Burdwan, which is nearer to Calcutta and readily accessible to doctors. Medical facilities are available there. He can also be immediately shifted to Calcutta if the occasion arises for any surgical purpose (which has not taken place for the last one and half years). In any event, his case will always be considered if such emergency arises.

With great anxiety, this Court has gone through the entire file produced by the Respondents and is of the view that there is no iota of doubt that the Petitioner is a serious heart patient and at any time he may need immediate medical attention. This is no doubt true that a man under such great illness may at any time heed surgery if the occasion arises and there being no such facilities available at Burdwan, there is no right reason to take any risk to post the Petitioner at Burdwan so that he can be shifted to Calcutta at the hour of need. There should be a human, consideration and a person who is going to retire shortly and at such physical condition stated above and under such facts and circumstances, the Respondents must not Close their eyes and act without the element of humane compassion. In a recent decision of the Hon''ble Supreme Court, Rajendra Roy Vs. Union of India (UOI) and Another, the Supreme Court has found that certainly Court should not generally interfere with the order of transfer and in every case of transfer certain hazards are involved. There may be certain inconvenience in some cases and that should be considered by the administration in proper perspective. In the instant case, by lifting the veil and looking through the records, this Court finds that an ailing patient, serving with an unblemished career, should expect humane treatment from the administration where he has served for so many years. What the Petitioner has asked for is that he may be posted anywhere as per the discretion of the administration Respondents, but not beyond the periphery of Calcutta, where he may have at least the chance of immediate medical attention.

Regard being had that the entire background, availability of medical help in this country as being very limited, transport and distance as being also relevant factors in an emergent case and particularly a judicial officer having all these apprehensions in mind that he might need medical attention at any time, is not expected to render judicial service properly which needs much attention.

Considering all such aspects, that the person in judicial service has to give certain amount of attention in rendering his services and with the fear that such person cannot avail of the medical facilities at the crucial time, Respondents authorities cannot take the risk of posting such person in the manner sought to be done in the instant case. This Court finds merit in the admissions made on behalf of the Petitioner that he should not be posted at Burdwan and the impugned orders being tested judicially, the same are quashed accordingly.

This judgment, however, will not preclude the Respondents authorities to post the Petitioner anywhere at their discretion at any place at or around Calcutta where such medical facilities as per the Medical Board''s opinion would be available. It is also made clear that the posting order will be made within three weeks from date and all arrear salaries be released immediately, if due. It is also made clear that if there is no immediate vacancy, the Respondents will make an endeavour to post the Petitioner as above if and when the vacancy arises and for such belated posting the Petitioner will not be denied any financial benefits.

The writ petition is thus disposed of without costs.

Let xerox copy of the order, authenticated by the Deputy Registrar be given to the Advocates for both sides as usual terms.