SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajendra Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petitioner, the petitioner is seeking following reliefs:
"a.) Issue a Writ of Certiorari for quashing of the order dated 02.03.2023 and Signal dated 03.03.2023 whereby the Respondents have rejected the representation(s) of the Petitioner seeking continuance at the current place of posting, in view of his problems at the domestic end and of the order dated 09.02.2023 to the extent whereby the Petitioner has been posted out from 139 Bn, New Delhi to 117 Bn, Srinagar and will stand relieved from 01.04.2023;
b) Issue a Writ of Mandamus directing the Respondents to allow the Petitioner to continue at his erstwhile place of posting, being 137 Bn, New Delhi in terms of Para 8 of the Standing Order 04/2022 or in the alternative, post the Petitioner in the vicinity of New Delhi in view of his wife's medical condition thereby allowing them to take uninterrupted medical treatment at AIIMS, New Delhi."
2. Pursuant to the Order dated 28.03.2023, learned counsel for the respondents sought time to take instructions as to whether the petitioner could be posted at the place where family station is there with IVF medical facilities.
3. Today, learned counsel for
The principle of justice and compassion influenced the court's decision to grant an extension of the joining period due to the petitioner's wife's medical condition.
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 emphasized the importance of humanitarian grounds in administrative decisions, allowing a fresh representation and mandating timely consideration based on health circumstances.
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Leave in the Armed Forces is not an absolute right; however, considerations for personal circumstances, such as education, warrant a liberal approach, ensuring service exigencies are balanced with in....
Administrative bodies must consider humanitarian factors in decisions affecting personnel, especially regarding medical treatment.
Transfers in employment must consider humanitarian grounds, particularly regarding family health and educational stability.
The court allows the petitioner to seek reconsideration of her transfer request under specific guidelines if no administrative hurdles exist.
Transfer as an exigency of service and lack of grave reason to interfere with transfer orders
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
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