The court's decision was influenced by the medical assessment of the petitioner's wife, highlighting the importance of credible medical evidence in such cases.

JUDGMENT

Manmohan, J. - On the last date of hearing, this Court had passed the following order:-

"C.M. Appl. No. 10948/2021 (Exemption)

Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P. (C) No. 3601/2021 & C.M. Appl. No. 10947/2021 (Stay)

The petitioner, who is a Constable in ITBP, has filed the present writ petition challenging his transfer order dated 04th February 2021 relying upon the Office Memorandum dated 08th October 2018, which deals with the posting of government employees who have differently abled dependents.

Learned counsel for the petitioner states that a son was born to the Petitioner on 04th January, 2020 and immediately thereafter the Petitioner's wife started showing symptoms of depression. He points out that the Petitioner's wife was diagnosed with Post Partum Depression Personality disorder and today he is the primary care giver of his one year old infant son.

He states that Respondent No. 2 had issued the impugned transfer order directing the Petitioner to move to 37 Bn Leh, Ladakh wherein the date of joining given was 17th March 2021.

He states that the Petitioner addressed a letter to Respondent No 2, requesting for stay of transfer and to allow him to continue in and around his present posting because of the mental health of his wife and the need to take care of the infant child. He, however, states that no reply has been received from the Respondent No.2 till date.

Issue notice. Ms. Nidhi Bansal, CGSC accepts notice on behalf of the respondents. She states that it is only after the transfer order had been issued that the respondents came to know of the fact that the petitioner's wife is suffering from depression. She also states that the medical record produced by the petitioner in support of his averments in the petition has been issued by the Private Hospital(s) and not by the Base Hospital.

Consequently, this Court directs that a medical assessment of the petitioner's wife be carried out by a Medical Board to be constituted by Commandant Dr. Prashant Mishra, Psychiatrist, CMO (SG), ITBP Base Hospital, Tigri Camp, Delhi, on 23rd March 2021. Let the medical report be placed on record on or before the next date of hearing.

List on 25th March 2021.

Till the next date of hearing, the petitioner's transfer order dated 04th February, 2021 is stayed."

2. In pursuance the aforesaid order, the respondents had set up a Medical Board comprising two Psychiatrists and a Gynaecologist at Base Hospital, ITB Police, Tigri Camp, New Delhi. The medical opinion of the aforesaid Board, handed over today in Court, reads as under:-

"Smt. Neha Devi w/o No-136100146 CT/GD Manendra Rana of 39th Bn reported to Base Hospital Delhi on 23.03.2021 at 1225 hrs for medical assessment in pursuance to Hon'ble High Court of Delhi's directions in writ petition (C) No3601/2021 titled Manendra Rana V/s UOI & Ors filed before the at New Del hi 9CT/GD Tfr Matter) vide Order dated 19.03.2021.

The board examined all the available documents regarding the assessment of Smt. Neha Devi. According to medical document (WPC Page No-51) and Kailash Hospital OPD UHID No-1318647 dated 17.01.2021 she was seen by Neuro Surgeon Dr. Alok Kumar Dubey for complaint of insomnia. Her vitals were stable and specialist also mentioned NFD (No features of Depression). She was advised NCCT Head and medicine accordingly.

Next review was done on 24.01.2021 (WPC Page No-50) where said specialist mentioned in OPD card that she has improved and NFD (No features of Depression) and again advised to continue medicine. She was again reviewed on 31.01.2021 (WPC Page No-48) and specialist again mentioned in OPD card that she has improvement and NFD (No features of Depression). She was advised for MRI Brain and further advised to continue same medicines. Subsequently MRI Brain was done on 05.02.2021 and report shows within normal limit.

As per OPD card dated 08.02.2021 (WPC Page No-46) patient did not come for review, it was a proxy review.

Again reviewed