IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Rajendra Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3921 of 2023 & CM APPL. 15277 of 2023
Decided On : 13-04-2023
Writ of Certiorari - Continuance at Current Place of Posting - Medical Treatment for Spouse
Fact of the Case:
The petitioner sought a writ of certiorari to quash the order for his transfer from New Delhi to Srinagar and requested to continue at his current place of posting due to his wife's medical condition. The court directed the respondents to extend the petitioner's joining period by three months to allow completion of his wife's medical treatment.
Finding of the Court:
The court found that the petitioner's request for extension of joining period was justified in light of his wife's ongoing medical treatment and directed the respondents to grant the extension.
Issues: The issues involved the petitioner's request for continuance at his current place of posting and extension of joining period due to his wife's medical condition.
Ratio Decidendi: The court's decision was influenced by the principle of justice and compassion towards the petitioner's situation, considering the ongoing medical treatment of his wife.
Final Decision: The court disposed of the petition and directed the respondents to extend the joining period of the petitioner by three months from the date of the judgment.
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 respondents has informed this Court that the petitioner has now been posed with 76 Bn, CRPF, Sector-7, Channi-Himmat, Jammu (J&K), where family accommodation and IVF facilities are available.
4. Learned counsel appearing on behalf of the petitioner does not dispute the same but submits that since the treatment of the wife of the petitioner is midway which will take only three months, the joining period of the petitioner may be extended for a period of three months, so that the medical treatment of the petitioner's wife may be completed.
5. Learned counsel on behalf of the respondents seeks some more time to take instructions. However, in the interest of justice, we direct the respondents to extend the joining period of the petitioner further by three months from today.
6. Accordingly, the present petition is disposed of along with pending application.
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.
Point of law : Transfer of service – Member of Para Military Force – Wife on family wan conceived through IVF – Fresh representation to be made and competent authority to look under sympathetic consi....
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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