Woman with minor children resists transfer, plea dismissed by Meghalaya HC

The court acknowledged that it should not interfere in routine transfers required for administrative purposes

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In a recent ruling, Meghalaya high court dismissed a plea filed by a military engineering services officer. The officer challenged her transfer order citing her role as a mother with two young children.

The bench consisting chief Justice Sanjib Banerjee and Justice W Diengdoh noted that the appellant was aware from the beginning that her position in the Military Engineer Services was subject to transfers. Additionally, the court also observed that the rules governing the services did not permit the appellant’s requested exemption.

The appellant presented her case before the high court, arguing that her request to the employer was made as a plea for mercy, considering the regular travel obligations of her husband. She requested a two-year deferral of the transfer, expressing her confidence in being able to leave her children behind and accept any future posting by that time. However, on May 12 of this year, the Central Administrative Tribunal (CAT) rejected her application, prompting her to file the current appeal before the High Court.

Moreover, the court acknowledged that according to established legal principles, courts should not interfere with routine transfers that are necessary for administrative purposes. In light of this, the court dismissed the appellant’s appeal against the transfer order, which had been upheld by the Central Administrative Tribunal (CAT).

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