Back
MANMOHAN, ASHA MENON
Ravinder Kumar – Appellant
Versus
Union of India – Respondent
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 mandator
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 ba....
Administrative decision-making regarding spouse posting must align with established welfare guidelines protecting family integrity and child upbringing. While specific postings are not an inherent ri....
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
The needs and necessities of an individual in the Armed Forces are subservient to the needs of the Army, and postings are determined based on various factors, balancing the needs of the service with ....
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
Transfer rejection invalid for non-application of mind where authorities ignore child's severe disability, DoPT compassionate guidelines, and departmental policy's personal circumstances clause despi....
The main legal point established in the judgment is that the transfer and posting of the petitioner should have been governed by the existing policies and guidelines, including the Cadre Review Order....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
