WP(C)/639/2023 of Smti Nikh Sita Vs The State of AP and 4 Others on 22 December 2023

ORDER

Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Ms. P.Pangu, learned Government Advocate representing the respondent Nos. 1 to 4.

The present petition is proposed to be disposed of in view of the nature of the limited prayer made by the learned counsel for the petitioner at the motionstage as the order propose to be passed by this Court would not cause anyprejudice to the respondent No. 5.

By filing this application, the petitioner has challenged the impugned transfer No. DFCS-11017/2/2022-DFCS-Director of Food and Civil Supplies-Part(I) dated 06.12.2023 passed by the Secretary Food and Civil Supplies,Government of Arunachal Pradesh by which the petitioner has been transferredfrom Director (HQ), Food & Civil Supplies, Naharlagun to Bomdila as DistrictFood and Civil Supplies Officer, West Kameng District.

The only grievance of the petitioner against the transfer order dated16.12.2023 is on the medical ground on account of the ailment of thepetitioner’s mother who is suffering from IV Stage Breast Cancer as she is at themoment staying with the petitioner who is the primary caregiver of her mother and as much due to such medical condition of her mother, she requires constantpalliative care.

Mr. D. Panging, learned counsel for the petitioner submits that thepetitioner has been informed that the petitioner’s representation would not beentertained as the petitioner was initially proposed to be transferred to Yupia,however, at the instance of higher ups the petitioner has been posted toBomdila and as such being left with no option, the petitioner is approaching thisCourt only on the ground of serious ailment of her mother for consideration thatshe may be posted within an around the capital complex so as to enable her totake care of her ailing mother.

Mr. P. Pangu, learned Government Advocate fairly submits that she has noobjection for a direction to dispose of the representation of the petitionerconsidering the health issue of the mother of the petitioner. However, shesubmits that it is prerogative of the respondent authority to consider thegrievance raised by the petitioner in the interest of public service.

Considering the submissions of the learned counsel for the parties andalso considering that the mother of the petitioner is having serious ailmentparticularly IV State Breast Cancer for whom the petitioner is the only caregiver,this writ petition is disposed of with a direction to the petitioner to file a freshrepresentation before the respondent No. 2 i.e., the Secretary, Food & CivilSupplies, Government of Arunachal Pradesh, Itanagar within a period of 5(five)days from today.

On filing of such representation, the respondent No. 2 i.e., the Secretary,Food & Civil Supplies, Government of Arunachal Pradesh is directed to disposeof the representation taking into consideration of the ailment of the mother ofthe petitioner as she is suffering from IV Stage Breast Cancer within a period of2(two) weeks. Till the disposal of the representation, status-quo in respect ofthe petitioner be maintained.

With the above observation, this writ petition stands disposed of.

JUDGE

Comparing Assistant