WP(C)/49/2024 of AITIHUN MARBANIANG Vs UNION OF INDIA AND 4 ORS. on 8 March 2024

1. Union of India Represented by the Secretary Ministry of Health and Family Welfare Room No. 201-D, Nirman Bhawan, PIN- 110011 Represented by the Secretary Ministry of Health and Family Welfare Room No. 201-D, Nirman Bhawan, PIN- 110011

2. The Director Central Government Health Scheme Ministry of Health and Family Welfare R.K. Puram, New Delhi - 110022 Central Government Health Scheme Ministry of Health and Family Welfare R.K. Puram, New Delhi - 110022

3. The Additional Director Office of the Additional Director Central Government Health Scheme Ministry of Health and Family Welfare Nongrim Hills, Shillong-793003 Office of the Additional Director Central Government Health Scheme Ministry of Health and Family Welfare Nongrim Hills, Shillong-793003

4. The Chief Medical Officer Central Government Health Scheme Wellness Centre No.2, Shillong- 793001 Central Government Health Scheme Wellness Centre No.2, Shillong- 793001

5. Miss. Phibawansuk Lyndem Nursing Officer, Central Government Nursing Officer, Central Government Health Scheme Wellness Centre, Agartala, Tripura Agartala, Tripura :::::::::: RESPONDENTS

Coram:

Hon’ble Mr. Justice W. Diengdoh, JudgeHon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:

For the Petitioner/Appellant(s) : Mr. K.Ch. Gautam, Adv. Ms. R. Kharshiing, Adv. Ms. R. Kharshiing, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. A. Pradhan, Adv. Ms. S. Rumthao, Adv. (For R 1-4) Ms. A. Pradhan, Adv. Ms. S. Rumthao, Adv. (For R 1-4)

ORDER (ORAL)

1. Heard Mr. K.Ch. Gautam, learned counsel for the petitioner.

2. The petitioner who is a Nursing Officer under Central Government Health Scheme Wellness Centre being aggrieved by an order dated 22.12.2023 directing her transfer from CGHS WC No. 2, Shillong to CGHS WC Agartala has approached this Court primarily with a prayer for recall of the said order on grounds cited in this petition. However in course of hearing, the learned counsel has also conceded that an application with a similar prayer has also been made before the Central Administrative Tribunal (CAT), Guwahati.

3. Dr. N. Mozika, learned DSGI is in attendance on behalf of the respondents No. 1-4. The respondent No. 5 has not yet been issued notice as far as this petition is concerned.

4. Without going into the merits of the matter, the counsels at the bar have submitted that this petition may be disposed of with a direction to the CAT to dispose of the related petition pending. It is also the submission of the learned DSGI that until the matter is heard by the CAT, which date is fixed on 19.04.2024, no coercive action will be taken against the petitioner herein.

5. However, the learned DSGI has also impressed upon this Court that the period till 19.04.2024 may be too long for the matter to be decided and accordingly the said date for appearance of the parties may be preponed to 28.03.2024.

6. On consideration of the submission made, this Court is inclined to the suggestion offered and would accordingly request the CAT to take up the matter on 28.03.2024, particularly as regard the issue of stay.

7. Let copy of this order be issued upon the CAT, Guwahati for necessary action.

8. This being the case, this petition is accordingly disposed as withdrawn on the above mentioned grounds.

(B. Bhattacharjee) (W. Diengdoh) Judge Judge Meghalaya 08.03.2024 “Tiprilynti–PS”