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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Manish Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P. (C) 8968 of 2023 & CM. APPL. 34019 of 2023
Decided On : 19-07-2023
Medical Condition - Posting to Frontier Headquarter at Lucknow - The court disposed of the petition with a direction to post the petitioner to the Frontier Headquarter at Lucknow, considering the medical condition of the petitioner and his daughter.
Fact of the Case:
The respondents re-considered the issue and agreed to post the petitioner to Frontier Headquarter at Lucknow due to the medical condition of the petitioner and his daughter.
Finding of the Court:
The court disposed of the petition with a direction to post the petitioner to the Frontier Headquarter at Lucknow, acknowledging the sympathetic view taken by the officers of the respondents.
Issues:
Ratio Decidendi: The decision was influenced by the medical condition of the petitioner and his daughter, and the sympathetic view taken by the officers of the respondents.
Final Decision: The petition was disposed of with a direction to post the petitioner to the Frontier Headquarter at Lucknow.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Learned counsel for respondents under instructions submits that keeping in view the medical condition of the petitioner and his daughter and in terms of the order dated 07.07.2023, respondents have re-considered the issue and are willing to post the petitioner to Frontier Headquarter at Lucknow.
2. Learned counsel for petitioner submits that in case the petitioner is posted to Frontier Headquarter at Lucknow, petitioner shall not press the petition any further. He submits that the petitioner is grateful to the respondents and the officers for sympathetically considering the case of the petitioner.
3. In view of the above and in view of the statement made by learned counsel for respondents, petition is disposed of with a direction to the respondents to post the petitioner to the Frontier Headquarter at Lucknow. Respondents shall issue posting order in terms of rules for the petitioner to joint at the Frontier Headquarter at Lucknow and normal joining time be granted to the petitioner. The statement of learned counsel for respondents is recorded that salary of the petitioner has been released, which is confirmed by the petitioner.
4. This Court records appreciation of the conduct of the officers of the respondents in taking a sympathetic view.
5. Order dasti under signature of the Court Master.
The court considered the medical condition of the petitioner and his daughter as a determining factor in reaching its decision.
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 directed that transfer requests be considered sympathetically based on personal circumstances such as remaining service duration and family medical needs.
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.
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
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.
The court emphasized that service decisions may consider humanitarian factors, particularly affecting family health situations, as part of public employment policy.
The court directed the petitioner to make an appeal before the concerned authority, to be considered on compassionate grounds and disposed of within a specified period.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
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