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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ramesh Chandra Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide this petition, petitioner is praying as under:
"(i) Issue a writ of certiorari or any other appropriate writ, order or direction, thereby calling for records and quash the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it was issued under the remark, "ON OWN REQUEST", instead of compassionate/terminal grounds.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to modify the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it may be issued under the remark, "compassionate/terminal grounds", instead of "ON OWN REQUEST".
(iii) Alternatively, issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to award the petitioner Transfer allowance (TA) for the impugned transfer order because there is no rules specifying the minimum tenure of a DIG at a static location and thus the petitioner is entitled to Transfer allowance (TA) even if posted to his choice of posting.."
2. In view of the prayer and averments made in the present petition, we hereby direct the respondents to treat the present petitio
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
The court emphasized the consideration of humanitarian grounds in decision-making and the need for a reasoned order within a specified timeframe.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
The court emphasized the importance of humanitarian grounds in administrative decisions, allowing a fresh representation and mandating timely consideration based on health circumstances.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
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