The Calcutta High Court has ruled on a case involving a 59-year-old contractual physician who contested her transfer to Diglipur Island, citing health issues. While affirming that employees do not possess an inherent right to remain in a specific position indefinitely, the court granted temporary relief to the doctor, Dr. Smily John, pending further evaluation of her situation.
Justice Reetobroto Kumar Mitra noted that Dr. John, due to her age and medical condition, deserves a reconsideration of her transfer request based on a valid medical certificate from a designated medical board.
The court’s order, issued on June 12, stated, “Transfer is not a right, nor is continued placement at a specific location a guaranteed entitlement. Employees engaged under a contract with the state must comply with transfer orders when administrative needs arise.”
Dr. John had filed her appeal against a directive from the officials of the National Health Mission (NHM) and the National Ayush Mission (NAM) that mandated her relocation to Diglipur Island in the Andaman and Nicobar Islands, which she argued was unsuitable for her health conditions.
In her plea, Dr. John sought interim protection from the transfer, asserting that her medical state would hinder her ability to work effectively in such a remote area. Previously, on May 21, the high court had instructed the authorities to address her transfer concerns.
Following this guidance, the June 9 transfer order was issued, leading Dr. John to appeal once more to the high court.
During the proceedings, her lawyer, Gopala Binnu Kumar, claimed that Dr. John, as a contractual staff member of the NHM, did not fall under the transfer policy established on April 19, 2018, which is applicable solely to central government employees. He emphasized that, given her age and the limited duration of her remaining service, the transfer to Diglipur Island was inappropriate.
In response, representatives for the authorities, advocates V D Sivabalan and Arun S Kumar, contended that the April 19 policy indeed applied to Dr. John and argued that there was no sufficient basis for her transfer to be halted on medical grounds. They pointed out that she had not provided the necessary medical documentation from an authorized medical board, which is essential for any consideration of her request for an exemption from the transfer.
Richa Sahay, a Legal Correspondent for The Indian Express, specializes in clarifying the complexities of the Indian legal system. With a postgraduate background in law, she adeptly bridges the gap between intricate court decisions and public understanding, ensuring that readers remain informed about ongoing legal developments.
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