Back
DELHI HIGH COURT
MANMOHAN, ASHA MENON
Karmveer – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. transfer of personnel due to medical needs. (Para 1 , 2) |
| 2. respondents justify transfer based on policy. (Para 3 , 4 , 5) |
| 3. court's reasoning on duty and resource allocation. (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral)--Petitioner, who is a Sub-Inspector with ITBP, has filed the present writ petition impugning the order dated 16th September, 2020 transferring him from Rewari in Haryana to Reckong Peo, Himachal Pradesh.
2. Learned counsel for petitioner states that the son of the petitioner is visually impaired and has been certified by the respondent No.3-All India Institute of Medical Sciences as suffering from 100% disability. He states that the petitioner needs to be posted in and around Delhi as he is the only family member who can take care of the medical needs of his son as his wife is suffering from Tuberculosis.
3. In the counter affidavit, it has been stated by the respondents No.1 and 2 that the petitioner has been posted in soft area for more than eleven years on account of treatment of his son. It is further stated that as per the transfer policy of the Force, the normal tenure of posting in a soft area of a personnel is a fixed period of three years
The Transfer Policy mandates that an employee who has already served in a difficult area should not be re-sent to such an area.
Administrative transfers are valid under service rules when justified by allegations of misconduct, notwithstanding medical recommendations for alternative employment due to physical disabilities.
Court directed a sympathetic reconsideration of a transfer request based on the petitioner's deteriorating health conditions, underlining the importance of accommodating such requests.
The court mandated the expeditious processing of a discharge application, highlighting the need for reasonable accommodation for personnel with disabilities and family obligations under similar circu....
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 balanced the exigency of service with the petitioner's medical needs in determining the transfer order.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer of employees is a condition of service under established policies; courts limit interference to cases of mala fides or statutory violations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
