IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vishal Shriniwas Rokamwar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 2038 of 2023
Decided On : 19-04-2023
Compassionate and Humanitarian Grounds - Posting Request - The court directed the respondents to re-consider the petitioner's case on compassionate and humanitarian grounds and issue a reasoned order within two weeks.
Fact of the Case:
The petitioner sought quashing of the rejection order for his posting request on humanitarian grounds. The petitioner's medical condition, family circumstances, and the posting of other personnel were discussed.
Finding of the Court:
The court directed the respondents to re-consider the petitioner's case on compassionate and humanitarian grounds and issue a reasoned order within two weeks.
Issues: The issues revolved around the petitioner's request for posting on compassionate grounds, his medical condition, family circumstances, and the posting of other personnel without completing the required tenure.
Ratio Decidendi: The court emphasized the need for the respondents to re-consider the petitioner's case on compassionate and humanitarian grounds, taking into account his medical condition and family circumstances.
Final Decision: The court disposed of the petition by directing the respondents to re-consider the petitioner's case on compassionate and humanitarian grounds and issue a reasoned order within two weeks.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking quashing of the impugned rejection order dated 26.11.2022 qua petitioner only vide which respondents rejected the request of the petitioner to post him at CISF Unit CTPS Chandrapur, Maharashtra on humanitarian grounds; directions to the respondents to post him at CISF Unit CTPS Chandrapur Maharashtra forthwith; or in alternative to consider the case of petitioner sympathetically in the annual transfer orders which are normally issued by 31st March every year;
2. On 14.03.2023, this Court observed as under:
"1. Pursuant to the Order dated 16.02.2023, learned counsel on behalf of the respondents on instructions submits that since the petitioner has not completed first tenure of seven years in the units in out of home sector (excluding basic training) and, therefore, he is not entitled to get the posting in his home zone sector.
2. The case of the petitioner is that the petitioner is in the medical Category SHAPE-II and as per the record of the respondents, he is suffering from following ailments:
(i) Sleep disturbance,
(ii) Less appetite,
(iii) Angriness,
(iv) Ghabraha,
(v) Anxiety,
(vi) Nausea.
3. Moreover, two cases have been filed against the petitioner by his wife at Chandrapur, Maharashtra which are as under:
(i) PWDVA Application/156/2020,
(ii) RCC/422/2021.
4. Learned counsel for the petitioner submits that the petitioner is required to attend the case on every month which is evident from Annexure P-4 of the present petition.
5. In addition to above, the petitioner's brother is a Cancer patient and his mother is suffering from spinal problems.
6. Learned counsel on behalf of the petitioner has informed this Court that following personnel who are from National Capital Region (NCR) Sector, which is their home zone sector, have been posted without completion of their first tenure of seven years in the units in out of home sector:
| S. No. | Force No. | Rank | Name | From | To | Posted | Address |
| 1. | 150101611 | CT/GD | Mohit Singh | 2018 | 2023 | First Unit Orisa & Second Unit DMRC Beta Line 01 | Dadri, U.P. |
| 2. | 150406765 | SI/EX | Pawan Raj Yadav | 2019 | 2023 | DMRC Beta Line 01 | Vijay Nagar, Ghazibad, U.P. |
| 3. | 150100393 | CT/GD | Nitin Kumar | 2019 | 2023 | DMRC Beta Line 01 | Khurja, U.P. |
3. Learned counsel for respondents sought time to verify the fact in regard to aforesaid security personnel and to file a short affidavit to this effect. Accordingly, three weeks' time was granted to the respondents.
4. Today, learned counsel appearing on behalf of respondents seeks further four weeks' time to take instructions and file the short affidavit pursuant to order dated 14.03.2023.
5. It is pertinent to mention here that the respondents had to only verify the facts as mentioned in para 6 of order dated 14.03.2023, however, one month has already been passed and the short affidavit has not been filed.
6. We hereby dispose of present petition by directing the respondents to re-consider the case of the petitioner on compassionate and humanitarian grounds and necessary order be passed within two weeks. The decision so taken shall be communicated to the petitioner within three days thereafter in writing with a reasoned order.
The main legal point established in the judgment is that the operational and administrative necessities of the Force, as outlined in Circular No. 22/2017, govern the posting and transfer decisions of....
The court ruled that exercising discretion for compassionate postings may unjustly disadvantage others seeking similar accommodations, reinforcing the need for equitable treatment in transfer matters....
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
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.
Failure to consider statutory guidelines on quarantine constituted a non-application of mind by the respondents in denying the petitioner's request.
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.
Judicial review of administrative transfers is limited; courts uphold orders unless clear legal violations are evident.
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
The court affirmed the requirement to adhere to service policy in employee transfers, especially for those nearing retirement, highlighting the obligation to consider employee requests.
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