The court emphasized that official medical assessments have precedence over private opinions when assessing health claims related to transfer justifications.

The petitioner, who is a Constable in ITBP, has filed the present writ petition challenging his transfer order dated 04th February 2021 relying upon the Office Memorandum dated 08th October 2018, which deals with the posting of government employees who have differently abled dependents.

Learned counsel for the petitioner states that a son was born to the Petitioner on 04th January, 2020 and immediately thereafter the Petitioner's wife started showing symptoms of depression. He points out that the Petitioner's wife was diagnosed with Post Partum Depression Personality disorder and today he is the primary care giver of his one year old infant son.

He states that Respondent No. 2 had issued the impugned transfer order directing the Petitioner to move to 37 Bn Leh, Ladakh wherein the date of joining given was 17th March 2021.

He states that the Petitioner addressed a letter to Respondent No 2, requesting for stay of transfer and to allow him to continue in and around his present posting because of the mental health of his wife and the need to take care of the infant child. He, however, states that no reply has been received from the Respondent No. 2 till date.

Issue notice. Ms. Nidhi Bansal, CGSC accepts notice on behalf of the respondents. She states that it is only after the transfer order had been issued that the respondents came to know of the fact that the petitioner's wife is suffering from depression. She also states that the medical record produced by the petitioner in support of his averments in the petition has been issued by the Private Hospital(s) and not by the Base Hospital.

Consequently, this Court directs that a medical assessment of the petitioner's wife be carried out by a Medical Board to be constituted by Commandant Dr. Prashant Mishra, Psychiatrist, CMO (SG), ITBP Base Hospital, Tigri Camp, Delhi, on 23rd March 2021. Let the medical report be placed on record on or before the next date of hearing.

List on 25th March 2021.

Till the next date of hearing, the petitioner's transfer order dated 04th February, 2021 is stayed."