On Monday, the Meghalaya High Court dismissed a plea by a female employee (appellant) of the Military Engineering Services to resist a transfer order on the grounds that she was a mother of two minor children.
A bench of Two-Judges (Chief Justice Sanjib Banerjee and Justice W Diengdoh) dismissed the plea stating that she was already aware of the fact that her job was a transferrable one and the relaxation she sought for is not allowed under the rules of her service.
The Court also said, “This is a desperate attempt by an employee in the Military Engineer Service to resist an order of transfer on the specious ground that she has two minor children aged about 6 and 4 respectively. It does not appear from the rules governing the petitioner’s service that there is a latitude given to an employee for resisting transfer on the ground of being the mother of minor children.”
The Court also put forth the idea that they must not interfere with necessary transfer orders which are a part of the routine practice of the system. And that’s why, the Court dismissed the order in this case and upheld the Administrative Tribunal’s order that has been in favour of the transfer.
The appellant (woman) had requested to postpone her transfer for two years so that she can leave her kids behind at home without being significantly worried about them and comply with the transfer order.
Advocate K Pau, Senior Advocate with S Thapa, R Dutta, and S Chanda represented the petitioner and the Advocate S Chanda, and the Government was represented by Deputy Solicitor General of India, Dr. N Mozika, A Pathan and Advocate.
Source: https://bwlegalworld.businessworld.in/article/Meghalaya-HC-Dismissed-Plea-To-Resist-Transfer-Of-A-Female-Military-Engineering-Service-Officer/05-07-2023-482992/