SMT Y SOBITA KUMARI DEVI v. STATE OF MANIPUR AND ANR
Court: High Court of Manipur
Bench: HON'BLE MR JUSTICE AHANTHEM BIMOL SINGH
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-10-14. SMT Y SOBITA KUMARI DEVI v. STATE OF MANIPUR AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
Item No. 2 (Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 530 of 2020 Smt. Y. Sobita Kumari Devi …. Petitioner/s - Versus – State of Manipur & Anr. .... Respondent/s BEFORE HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH 14. 10. 2020 Heard Mr. Boboy Postsangbam, learned counsel appearing for the petitioner and Mr. S. Nepolean, learned GA appearing for the respondents. In the present writ petition, the petitioner is assailing the order dated 07. 07. 2020 issued by the Director (Social Welfare), Manipur transferring and posting the petitioner, who is working as UDC in the Directorate Head Quarter of Social Welfare Department, to District Social Welfare Office, Bishnupur, Social Welfare Department, Manipur with immediate effect.
The difficulty raised by the petitioner in complying with the said transfer order is that she is a heart patient and she had undergone major surgeries for replacement of Mitral Valve of her heart at PGI in Chandigarh in the year 2005 and she is having intermittent difficulties in breathing and chest pain in undergoing long distance travelling. It is the case of the petitioner that because of her serious heart ailment, she needs frequent consultation with the heart specialist Doctors. As there is no heart specialist Doctors in the entire district of Bishnupur, it will pose a great risk to the life of the petitioner as and when emergency situation arises due to her heart ailment, if she is to be transferred and posted at WP(C) No. 530 of 2020 Page 1 Bishnupur.
It is also submitted on behalf of the petitioner that because of the grave situation due to Pandemic of COVID-19 in the state of Manipur, there is also grave risk in travelling to and fro to her new place of posting especially due to her heart problems. Accordingly, it is submitted on behalf of the petitioner that the authorities may be directed to consider for her reposting in any place within Imphal in view of her health problems. On the other hand, Mr. S. Nepolean, learned GA appearing for the respondents submitted that even after passing impugned order dated 07. 07. 2020, the petitioner has not yet submitted any representation to the concerned authorities raising any of her grievances. In view of the submissions made above, the present writ petition is disposed of with the direction that it is open to the petitioner to submit a representation to the respondent No.
2 raising her difficulties in connection with her new transfer and posting within a period of 1(one) week from today and in case of such representation being submitted by the petitioner, the respondent No. 2 shall sympathetically consider the said representation and disposed of the same with a speaking order within a period of 2(two) weeks from the date of receipt of the said representation. With the aforesaid direction, the present writ petition is disposed of. It is made clear that pending disposal of the said representation, the petitioner should be allowed to continue in her present place of posting. A copy of this order be furnished to the counsel of the parties through their respective e-mail/whatsapp. JUDGE Digitally signed Yumkha by Yumkham Rother Lhaineichong m Rother Date: 2020. 10. 14 14:37:35 +05'30' WP(C) No. 530 of 2020 Page 2
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