Resmi.R.C vs. The Director General
Held
The High Court noted that the respondents had complied with its interim order allowing the petitioner to continue at Thiruvananthapuram. It directed the CAT to expedite the final disposal of the pending Original Application and ordered that the High Court's interim arrangement, allowing the petitioner to continue at Thiruvananthapuram, would remain in force until the CAT's decision.
Facts
A Senior Geologist was transferred from Thiruvananthapuram to Jaipur. She challenged the transfer citing her minor daughter's hearing disability and the need for compassionate consideration. After her representation was rejected for lack of a 'bench mark disability' certificate, the Central Administrative Tribunal (CAT) issued an interim stay on her transfer, but she was still relieved from her post.
Key Issues
Whether the petitioner, a caregiver to a disabled child, should be granted compassionate consideration in transfer and posting, and whether she should be allowed to continue at her current station pending final adjudication by the Tribunal.
Sections Cited
Articles 226 & 227 of the Constitution of India
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 OP (CAT) NO. 17 OF 2022 AGAINST THE ORDER/JUDGMENT IN OA 76/2022 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER/APPLICANT IN THE O.A: RESMI.R.C, AGED 41 YEARS, W/O. AJAYAKUMAR, SENIOR GEOLOGIST, PROJECT-NATIONAL GEOCHEMICAL MAPPING (NGCM), GEOLOGICAL SURVEY OF INDIA, SU:KERALA & LAKSHADWEEP, DHARANI BHAVAN, MANIKANTESWARAM P.O, TRIVANDRUM - 695013, RESIDING AT TYPE 4-14, GPRA QUARTERS, MELETHUMELE, MANIKANTESWARAM P.O, TRIVANDRUM - 695013. BY ADVS. C.UNNIKRISHNAN (KOLLAM) D.JAYAKRISHNAN MAHESH CHANDRAN VIJAYKRISHNAN S. MENON RESPONDENTS/RESPONDENTS IN THE O.A: 1 THE DIRECTOR GENERAL, GEOLOGICAL SURVEY OF INDIA, 27, J.L. NEHRU ROAD, KOLKOTA - 700016. 2 THE DIRECTOR, HRD, GEOLOGICAL SURVEY OF INDIA, 27, J.L. NEHRU ROAD, KOLKOTA - 700016. 3 THE DEPUTY DIRECTOR GENERAL, HRD, GEOLOGICAL SURVEY OF INDIA, 27, J.L. NEHRU ROAD, KOLKOTA - 700016. O.P (CAT) No.17 of 2022 2 4 THE DEPUTY DIRECTOR GENERAL, GEOLOGICAL SURVEY OF INDIA, SU-KERALA
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