The main legal point established in the judgment is that the seriousness of medical conditions and entitlement to relief for transfer on compassionate grounds or for medical reasons are determined based on the treatability of the medical conditions and administrative constraints of the organization.

Headnote:
Posting Order - GREF - The court dismissed the writ petition challenging a posting order of a petitioner belonging to the General Reserve Engineering Force (GREF) who sought transfer to his hometown due to the serious medical condition of his infant daughter and his wife's health issues. The court found that the medical conditions cited by the petitioner were treatable and not serious enough to warrant the relief sought.
Fact of the Case:

The petitioner, a GREF officer, challenged a posting order to a remote location, seeking transfer to his hometown due to his infant daughter's medical condition and his wife's health issues. The court found the medical conditions not serious enough to warrant the relief sought and dismissed the petition.
Finding of the Court:

The court found that the petitioner's requested relief was not warranted as the medical conditions cited were treatable and not serious enough to justify the transfer.
Issues: The issues involved the petitioner's request for transfer on compassionate grounds or for medical reasons, citing the serious medical condition of his infant daughter and his wife's health issues.
Ratio Decidendi: The court determined that the medical conditions cited by the petitioner were not serious enough to warrant the relief sought, based on the organization's administrative constraints and the treatability of the mentioned medical conditions.
Final Decision: The court dismissed the writ petition and pending applications, ruling that the petitioner was not entitled to the relief prayed for.

JUDGMENT

Manmohan, J. (Oral)--Present writ petition has been filed challenging the posting order dated 3rd November 2020 vide which the petitioner belonging to General Reserve Engineering Force (for short `GREF') was directed to join 435 RMP/1448 BCC HQ 761 BRTF BRAHMANK, in the State of Arunachal Pradesh. Petitioner also seeks direction to respondent No. 2 to 4 to transfer the petitioner to the petitioner's hometown i.e. Delhi or any other nearby area due to the serious medical condition of his infant daughter and in terms of Border Roads Organisation Posting Policy: GREF Officers (Posting Guidelines) for employees/officers applying for posting on compassionate grounds, or for medical reasons. In the alternate, the petitioner seeks direction to respondent No. 2 to 4 to consider the wider posting option as asked by the petitioner in terms of respondent's letter dated 9th December 2020 by accommodating the petitioner to any of the wider choice posting place, near to the petitioner's hometown.

2. Learned counsel for the petitioner states that the petitioner is in the GREF. He states that the petitioner's wife is working in the ESIC Hospital in Rohini, Delhi and is undergoing mandatory two year probation. He states that the petitioner was blessed with a daughter on 4th December 2019 but unfortunately the daughter was born with a congenital defect of "Club Foot" and needs special care.

3. He states that the petitioner's wife also started having backache and par spinal muscle spasm due to overload of work pressure.

4. He further states that in view of the ill health of the petitioner's family the petitioner submitted a request vide letter dated 28th September 2020 for posting at Delhi HQ in terms of guidelines of Government of India, Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training) OM F.No.28034/9/2009-Estt (A) dated 30th September, 2019 and posting policy: GREF Officers, which provides for posting of husband and wife at the same station. He states that the petitioner also cited the serious medical condition of his asthmatic mother in the said request beside the work pressure on his wife.

5. He states that though the petitioner submitted five options of wide choice of posting in response to the respondents' letter, which were Delhi, Chandigarh, Rishikesh, Pathankot and Hanumangarh, yet vide letter dated 22nd February, 2021, the Chief Record Officer, GREF rejected the request of the petitioner summarily without even considering the wider choice options for posting provided by the petitioner.

6. Having heard learned counsel for the petitioner and having perused the paper book, this Court finds that the petitioner's request for posting has been declined by the respondents vide letter dated 22nd February 2021. The relevant portion of the said letter reads as under:

"5. GREF Record is finding it difficult to accommodate even personnel having chronic ailments like cancer, kidney transplanted/dialysis patients, heart patients etc in MAA located in Delhi, Pune, Chandigarh etc where superspeciality medical facilities are available. Apart from this, choices of 2nd/3rd HAA down personnel, lady employees, LMC pers, CG, physically handicapped GREF employees besides personnel having disabled children are also required to be adjusted in Most Attractive/Soft Areas.

6. As per service certificate dt. 28 Sep 2020 issued from the office of the Medical Supdl ESIC Hospital, New Delhi, "spouse of the indl is working as Staff Nurse in ESIC Hospital under Min of Labour and Employment, Govt of India. She is an employee of Autonomous Body and her service are transferable any where in India".

7. In this connection, you may refer DOPT guidelines with heading "where one spouse belongs to a Central Service and the other spouse belongs to a PSU" issued vide Para-4 (vi) of Office Memorandum No.28034/9/2009-Estt (A) dated 30 Sep 2009 wherein it has been clearly stipulated that "the spouse employed under the PSU may apply

Click Here to Read the rest of this document