"Transfer not a right": Calcutta HC grants interim relief to 59-year-old doctor challenging Diglipur posting

Port Blair: Granting interim relief to a 59-year-old contractual doctor, who is suffering from a medical condition, the Calcutta High Court has issued a direction to the authorities to reconsider the decision to transfer her to Diglipur Island.

However, the HC bench comprising Justice Reetobroto Kumar Mitra clarified that transfer is not a matter of right, and no employee can claim a vested right to remain at a particular place indefinitely.

"Transfer is not a matter of right nor is continuation in a particular place for a prolong period of time a right given to any person. If the situation so demands and for administrative exigency, a person who has entered into a contract of employment with the State authority, is bound to accept the order of transfer and take steps in accordance therein," the bench observed.

"However, in the present case since the petitioner is 59 years old and suffers from a medical condition, the rejection of her application by the authorities on the ground that a proper medical certificate was not submitted should be reconsidered. The petitioner is granted liberty to produce appropriate certificate by a duly constituted Medical Board as stipulated in the Circular of 19th April, 2018. The authority is directed to consider such medical certificate and revisit the issue of transfer of the petitioner in light of such medical certificate alone," it further noted.

These observations were made by the High Court bench while considering the plea filed by a doctor, who challenged the June 9, 2026, order issued by the officials of the National Health Mission (NHM) and the National Ayush Mission (NAM), directing her transfer to Diglipur Island in the Andaman and Nicobar Islands.

Challenging the transfer order, the petitioner approached the High Court bench seeking an ad-interim order staying the said order of transfer on the ground that her medical condition is not appropriate for transfer to such a far-flung island, and therefore, she should not be burdened with serving at the Diglipur Island.

Earlier, the doctor had filed a writ petition, which was disposed of by an order dated May 21, 2026, directing the authorities to take a decision on her transfer to Diglipur. Following this order dated May 21, 2026, the transfer order dated June 9, 2026 was passed.

The counsel for the petitioner argued that the petitioner, being a contractual employee with NHM, is not covered by the transfer policy of April 19, 2018 which applies to Central Government Employees only.

Further, it was argued that the petitioner was a lady of 59 years of age, with less than two years of service left, and she cannot be transferred to the Diglipur Island.

On the other hand, the counsel for the authorities submitted that the circular of 19th April, 2018 applies squarely to the petitioner and the question of the transfer of the petitioner being stalled on medical ground does not arise as the petitioner had not provided the requisite medical certificate from the duly constituted Medical Board, which the authorities could have considered.

Taking note of the arguments, the HC bench observed that transfer is not a matter of right nor is continuation in a particular place for a prolonged period of time a right given to any person.

However, considering that the petitioner is 59-year-old and suffers from a medical condition, the court granted liberty to the petitioner to produce appropriate certificate by a duly constituted Medical Board as stipulated in the Circular dated 19th April, 2018. Further, it directed the authorities to consider the certificate and revisit the transfer order.

"The order of June 9, 2026 being Order No. 31 is kept in abeyance till the issue is revisited by the authority by July 31, 2026. This order will not create any equity or right in so far as the petitioner’s stand that she should not be transferred to Diglipur is concerned," ordered the High Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/2026/06/22/calcutta-hc-transfer-355525.pdf

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