R.Ramar v. The Andaman Nicobar Islands Integrated Development Corporation Ltd. (Aniidco)

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/347/2024 R. Ramar Vs The Andaman Nicobar Islands Integrated Development Corporation Ltd.(ANIIDCO) Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 1, 2024 [SR] Item No.09 The writ petitioner challenges an order of transfer dated December 14, 2023.

The writ petitioner was engaged as a helper under The Andaman Nicobar Islands Integrated Development Corporation Ltd (ANIIDCO) in the year 1992 on contractual basis. His service was regularized in May, 2002. Thereafter he was posted as Junior Assistant in 2007.Then again he was posted as Senior Assistant in August, 2016.

The petitioner says that he has now been assigned the duties of Incharge of accounts section at Dolphin Resort, Swaraj Deep Island. His education is not enough to enable him to discharge such duties. He has studied till Class XII in Tamil Medium. He is not capable of acting as Incharge of the accounts section. There are altogether 80 staff members (including contractual employees) working in Dolphin Resort apart from guests who visit the resort. The petitioner is now required to

maintain all the accounts. He has no knowledge of accounting. He is ready to work in any office under ANIIDCO and prepared to discharge any duty commensurate with his education since he only has elementary education and that too in Tamil Medium.

Learned advocate for the respondents says that the petitioner cannot choose his place of work. His job is transferable. He is making false excuses to avoid working at Dolphin Resort.

I am conscious that transfer is an incidence of service. Courts do not normally interfere with a transfer order unless it is vindictive, punitive or malafide. I completely agree with learned advocate for the respondents that an employee cannot choose his place or station of work.

However, the petitioner seems to be really worried. He says that he is not educated enough to discharge the duty that he has now been assigned. If that is indeed so, then the interest of Dolphin Resort would be in jeopardy. The petitioner may mess up the accounts of the resort.

However, I do not wish to interfere with the transfer order. At the same time, I think somebody higher-up in the establishment should consider the case of the petitioner. Accordingly, I grant liberty to the petitioner to make a comprehensive representation with supporting documents, if any, to the Managing Director of the respondent no.1, within a week from date. If such representation is made, the Managing Director, ANIIDCO shall dispose of such representation, in

accordance with law, by passing a reasoned order, within four weeks from the date of receipt of the representation, after affording an opportunity of hearing to the petitioner or his authorised representative. In the representation, the petitioner will be entitled to agitate all points that he has brought before this Court by way of this writ petition.

The future course of action will abide by order that the the Managing Director, ANIIDCO passes, subject to the same being interfered with by a competent forum.

WPA/347/2024 is disposed of accordingly.

(Arijit Banerjee J.)