Srinagar, Oct. 8: The Central Administrative Tribunal (CAT) has ruled that an employer is unquestionably the best judge when deciding how to use the services of its workers, but it has also said that in cases of medical incapacity, an employee’s legitimate transfer complaint may be compassionately viewed.
Without a doubt, the employer is the best person to decide how best to use its staff. The only exception is when an employee has a medical condition; in such a case, the competent authority may take into account the employee’s legitimate needs by compassionately assessing his or her grievance, according to an order from a bench presided over by M. S. Latif, Member (J).
These remarks were made by the court when it dismissed a petition filed by a female employee who claimed to be a senior community organiser for the housing and urban development department based at Jammu Urban Development Agency (JUDA).
She claimed that her services were made available to DUDA Budgam for a period of three months according to a deployment order dated May 24, 2022, which was “considered on medical grounds” and issued by J&K’s Principal Secretary to the Government Housing and Urban Development Department.
The petitioner claimed that while serving, she got a brain tumour (pituitary macroadenoma), for which she had surgery at G.B. Pant Hospital in New Delhi in 2014 and experienced temporary blindness in her right eye.
The petitioner had challenged a directive made by the Chief Executive in the current suit.
Officer J. UDA urged her to start her work right away in order to ensure the office ran well in his letter dated September 13, 2023.
The Court noted that while the petitioner was admittedly descended from the district cadre in Jammu, she was not legally entitled to request her permanent assignment in Budgam. However, in odd instances and given the conditions, a humanitarian approach should be preferred.
According to the bench, “The petition can be dismissed at the admission stage with the direction to the applicant to move a representation to the competent authority for change of her cadre to district Budgam, if law permits, as the case deserves humanitarian consideration in light of her ailment and in case the petitioner is interested in getting her cadre changed in order to live in a cold zone in light of her ailment.”
The petitioner was given permission to file a new petition at any time, and the court stated: “In the interim, the order in question shall be stayed for a period of one month.” This was in reference to the petitioner’s medical certificate issued by the Board, Chief Medical Officer Budgam, on July 25, 2023.
