Calcutta High Court says Health Department cannot reject transfer pleas solely on three-year service rule

MP, Nov 11, 2026, Kolkata : The Calcutta High Court has held that the three-year service condition for female Health Assistants seeking transfers is directory, not mandatory, and cannot be used as a ground to disqualify them from seeking postings in their home districts.

Justice Rishad Medora was hearing a petition by female Health Assistants serving in the state Health and Family Welfare Department, who sought transfers to Bankura and Purulia, their respective home districts.

The petitioners had earlier approached the High Court, which on December 31, 2025, directed the Director of Health Services to consider their requests. However, the Director rejected their pleas on February 9, 2026, citing difficulties in maintaining a balance in the deployment of Health Assistants across districts.

The department had pointed to an imbalance between vacant sub-centres and the availability of eligible female Health Assistants in the respective districts.

It also maintained that public interest must take precedence while preparing posting orders and that sub-centres could not be left without staff.

The court clarified that the three-year service requirement under departmental circulars dated January 29, 2024, and July 31, 2026, was directory in nature.

The years of service completed before seeking a transfer cannot be a disabling or disentitling factor, it observed.

Taking note of the department's staffing concerns, the court did not order immediate transfers.

It directed the authorities to consider the petitioners' requests whenever reliever or fresh female Health Assistants become available, irrespective of whether they have completed three years of service.

The petitioners can submit fresh applications.

The court also allowed those unable to apply through the online portal to submit applications offline.

The department said seniority is given preference while preparing transfer lists.