Utilisation Employees' Services | In medical disability, grievance can be considered sympathetically: CAT

Srinagar, Oct 7: The Central Administrative Tribunal (CAT) has held that an employer undoubtedly is the best judge to utilise the services of its employees even as it said that in medical disability an employee’s genuine grievance could be considered sympathetically.

“Undoubtedly employer is the best judge to utilise the services of its employees. The exception is where an employee has a medical disability, in that situation, the competent authority can consider the genuine need of its employee by sympathetically considering his or her grievance,” a bench of M S Latif, Member (J) said in its order.

The court made these observations while disposing of a petition by a female employee, who submitted that she was working in the Housing and Urban Development Department as a Senior Community Organiser and was posted at Jammu Urban Development Agency (JUDA).

She said that vide deployment order dated May 24, 2022, issued through J&K’s Principal Secretary to the Government Housing and Urban Development Department, her services were placed at the disposal of DUDA Budgam for three months which was “considered on medical grounds”.

The petitioner contended that during her service, she developed a brain tumor (Pituitary Macroadenoma) for which she was operated on at G B Pant Hospital, New Delhi, in 2014 and she lost sight of her right eye for about 8 months.

In the instant application, the petitioner had thrown a challenge to an order issued by the Chief Executive Officer, JUDA dated September 13, 2023, whereby she had been directed to resume her duties immediately for smooth functioning of the office.

The court observed that admittedly the petitioner was from the district cadre Jammu and in terms of the law, she had no vested right to claim her permanent posting at Budgam.

“But, in a peculiar situation and given the circumstances, the humanitarian approach is to be given preference,” the court observed.

“The petition can be disposed of at the admission stage with the direction to the applicant to move a representation to the competent authority for change of her cadre to district Budgam if the law permits as the case deserves humanitarian consideration given her ailment and in case, the petitioner is interested in getting her cadre changed to live in a cold zone given her ailment,” the bench said. “The competent authority will accord consideration in the event a formal representation is made to this effect.”

While the court put the petitioner at liberty to file a fresh representation mentioning therein her ailment, particularly given the medical certificate issued by the board, Chief Medical Officer (CMO) Budgam dated August 25, 2023, it held: “In the meanwhile, the order impugned should be stayed for one month.”