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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Vijay Singh - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 13364 of 2021, Civil Miscellaneous Application No. 42120-42121 of 2021
Decided On : 26-11-2021
Transfer Order - Petitioner's IVF Treatment - Court finds no grave reason to interfere with the movement/transfer order passed by the respondents
Fact of the Case:
The petitioner challenged a movement order directing him to join a new location, citing his wife's ongoing IVF treatment and the need for her constant care.
Finding of the Court:
The court found that the petitioner's wife is now pregnant and in good health, and that the petitioner's transfer is an exigency of service, thus dismissing the petition.
Issues: Challenge to movement order due to IVF treatment, request for stay of transfer
Ratio Decidendi: Transfer as an exigency of service, lack of grave reason to interfere with the movement/transfer order
Final Decision: The writ petition and pending applications are dismissed
JUDGMENT
1. Present writ petition has been filed challenging the movement order dated 18th November, 2019 issued by Respondent No.3 directing the Petitioner to join 90 Bn, Anantnag, J&K on or before 8th December, 2021 as well as signal dated 15th November, 2021 issued by Respondent No. 4 rejecting the Petitioners representation dated 16th September, 2021 and transfer order dated 31st August, 2021 issued by Respondent No. 3. Petitioner also seeks directions to the Respondents to consider the request of the Petitioner to stay his transfer and extend his stay at 103 Bn. CRPF RAF for one year.
2. Learned counsel for the petitioner states that the Petitioner seeks the stay of transfer on account of ongoing IVF treatment of his five months pregnant wife at IVF fertility and IVF Centre, Patel Nagar, Delhi as the Petitioners wife has conceived for the first time after 9-10 years of constant effort after the solemnization of their marriage on 15th June, 2012.
3. He states that both his parents had passed away when he was young and there is no one to take care of his wife, who needs constant care and regular checkups at the clinic as her treatment is still going on.
4. Having perused the paper book, this Court finds that though there were initial difficulties in the couple having a child, yet the petitioners wife is now pregnant and is in good health. The petitioner has just completed four years and six months tenure in Delhi and in routine is bound to be transferred outside Delhi. Further, as the petitioner belongs to a central paramilitary force, he is in routine to be posted all over the country. It is settled law that tranfer is an exigency of service. This Court in the present case finds no grave reason to interefere with the movement/transfer order passed by the respondents.
5. Accordingly, the present writ petition along with pending applications is dismissed.
Transfer as an exigency of service and lack of grave reason to interfere with transfer orders
The court upheld the routine nature of transfer orders in central paramilitary forces, asserting that personal circumstances do not constitute a grave reason for intervention.
Point of law : Transfer of service – Member of Para Military Force – Wife on family wan conceived through IVF – Fresh representation to be made and competent authority to look under sympathetic consi....
The court considered the compelling circumstances of a complicated medical situation and the need for the petitioner's presence during the childbirth as justifying the retention of the petitioner in ....
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
Judicial review of administrative transfers is limited; courts uphold orders unless clear legal violations are evident.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
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