Case Note & Summary
The petitioner, Mrs. Devyani C. Naik, a Lady Police Sub-Inspector with 22 years of service, filed a writ petition under Article 226 of the Constitution of India challenging her transfer order dated 14.02.2024 from SB Centre Ponda to AHTU Panaji. She sought enforcement of an Office Memorandum dated 18.03.2024 and exemption from routine transfers. Her son 'K', aged about 10, was certified by the Institute of Psychiatry and Human Behaviour, Bambolim, as suffering from Autism Spectrum Disorder with 70% permanent disability. The child required constant maternal proximity and was studying in a school at Ponda with special needs facilities. The petitioner had made representations but was transferred. The court noted that transfer is an incident of service and ordinarily courts do not interfere, but here the child's condition was severe and the petitioner's work was satisfactory. The respondents offered a transfer to Margao (30-35 minutes away) but the petitioner expressed concerns about field postings affecting her ability to attend emergencies. The court, after considering an additional affidavit detailing the child's needs, quashed the transfer order on purely humanitarian grounds, emphasizing that the child's welfare outweighed routine transfer policy. The court also noted that the petitioner had completed her tenure at Ponda and was subject to routine transfer, but the exceptional circumstances warranted interference.
Headnote
A) Service Law - Transfer - Routine Transfer - Interference by Court - Transfer is an incident of service and no employee can claim immunity from transfer unless it is arbitrary, malafide, or contrary to statutory provisions - Court may interfere on humanitarian grounds in exceptional circumstances (Paras 3, 14). B) Rights of Persons with Disabilities Act, 2016 - Special Needs Child - Exemption from Transfer - Mother of child with 70% autism spectrum disorder sought exemption from routine transfer - Court quashed transfer order considering child's need for constant maternal proximity and lack of adverse report against petitioner (Paras 2, 6, 12-14). C) Constitutional Law - Article 226 - Writ Jurisdiction - Extraordinary Approach - Court adopted extraordinary approach to quash transfer order on humanitarian grounds despite routine transfer policy, emphasizing child's welfare (Paras 12, 14).
Issue of Consideration
Whether the transfer order of a police officer mother of a child with severe autism should be quashed on humanitarian grounds despite routine transfer policy.
Final Decision
The impugned transfer order dated 14.02.2024 is quashed and set aside on purely humanitarian considerations. The petition is disposed of.
Law Points
- Transfer is an incident of service
- no vested right to remain in a particular post
- interference only if arbitrary or malafide
- humanitarian considerations can override routine transfer policy
- Rights of Persons with Disabilities Act
- 2016 provisions for special needs children
