Goutam Sinha @ Goutam Kumar Sinha v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 01 09.4.2025 Sc Ct. no.2 WPA 21612 OF 2024 ------------- Goutam Sinha @ Goutam Kumar Sinha Vs.

Union of India & Ors.

Mr. Md. Mokaram Hossain Mr. Md. Naimul Islam Mr. Mizanur Rahaman.

....For the Petitioner Mr. Chirantan Dawn Mr. Pradyat Saha.

....For the Respondents Mr. Mokaram Hossain, learned Counsel appears for the petitioner.

Mr. Chirantan Dawn, learned Counsel appears for the respondents.

On the basis of a recommendation, Annexure-P3 at page 30 to the writ petition made by the employer of the petitioner being the Commander Works Engineer (CWE), Panagarh, respondent no.5 in the instant writ petition, the petitioner seeks Transfer on Compassionate ground from Panagarh to Kalaikunda instead of transfer effected for the petitioner under the impugned transfer order dated April 8, 2024, AnnexureP6 at page 40 to the writ petition from Panagarh to Vaizag. The petitioner has impugned this transfer order through this writ petition. The petitioner has also relied

upon the relevant rules for Transfer on Compassionate ground.

Mr. Chirantan Dawn, learned Counsel for the respondents at the threshold has taken the point of maintainability of the writ petition on the ground of available statutory alternative remedy. He submits that the remedy shall lie before the Central Administrative Tribunal.

He further prays to disclose certain documents in the matter and has also taken the point that Compassionate Appointment is not a matter of right, it is a policy of the employer.

In view of the above, the respondent no.2 shall file a report along with the supportive documents in support of its stand to be taken in the report in the light of the case made out in the writ petition on or before April 23, 2025 upon a copy being furnished to the learned advocate on record for the petitioner.

The petitioner shall be at liberty to file its exception thereto in the form of affidavit on or before May 6, 2025. The point of maintainability shall be heard first. The writ petition shall appear under the heading "For Orders" on May 14, 2025.

(Aniruddha Roy, J.)