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MANMOHAN, ASHA MENON
M. A. Khan – Appellant
Versus
Union Of India And Ors – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the Force Order dated 11th February, 2020 whereby petitioner has been transferred from RPF Post ANVT/DLI to Kashmir Valley. Petitioner also seeks directions to the respondents to continue posting of petitioner at RPF Post ANVT/DLI or grant any other soft posting to petitioner commensurate with his medical condition.
2. Learned counsel for the petitioner states that in 2015, petitioner developed weakness and numbness of both upper and lower limbs which was insidious in onset and progressive in nature. She further states that pursuant thereto, a Medical Board was constituted that opined that petitioner is unfit for job of Head Constable/RPF due to his physical disability but fit in his original medical category Bee-one vision wise and therefore, the Medical Board recommended that petitioner may be given alternative employment on medical grounds in medical category Bee-one and below where running/field activity is not required. The relevant portion of last Medical Board recommendation dated 14th March, 2016 is reprodu
The court balanced the exigency of service with the petitioner's medical needs in determining the transfer order.
Administrative transfers are valid under service rules when justified by allegations of misconduct, notwithstanding medical recommendations for alternative employment due to physical disabilities.
The main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
Compliance with transfer orders and duty obligations, especially in the context of medical reasons, is crucial in service law, and the proportionality of punishment to charges is a key consideration.
The dismissal of a government employee for non-compliance with transfer orders is justified when the employee fails to report for duty, despite health conditions.
Judicial interference in transfer orders is limited, particularly for armed forces personnel, unless there is evidence of mala fides or statutory violations.
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