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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Vijay Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 13364 of 2021 & CM Appls. 42120-121 of 2021
Decided On : 26-11-2021
| Table of Content |
|---|
| 1. challenge to transfer order (Para 1 , 2) |
| 2. circumstances affecting transfer due to wife's health (Para 3 , 4) |
| 3. court's reasoning on transfers in paramilitary service (Para 5) |
| 4. dismissal of the writ petition (Para 6) |
ORDER
Present writ petition has been filed challenging the movement order dated 18th November, 2019 issued by Respondent No.3 directing the Petitioner to join 90 Bn, Anantnag, J&K on or before 8th December, 2021 as well as signal dated 15th November, 2021 issued by Respondent No. 4 rejecting the Petitioner's representation dated 16th September, 2021 and transfer order dated 31st August, 2021 issued by Respondent No. 3.
2. Petitioner also seeks directions to the Respondents to consider the request of the Petitioner to stay his transfer and extend his stay at 103 Bn. CRPF RAF for one year.
3. Learned counsel for the petitioner states that the Petitioner seeks the stay of transfer on account of ongoing IVF treatment of his five months' pregnant wife at IVF fertility and IVF Centre, Patel Nagar, Delhi as the Petitioner's wife has conceived for the first time after 9-10 years of constant effort after the solemnization of their marriage on 15th June, 2012.
4. He states that both his parents had passed away when he was young and there is no one to take care of his wife, who needs constant care and regular checkups at the clinic as her treatment is still going on.
5. Having perused the paper book, this Court finds that though there were initial difficulties in the couple having a child, yet the petitioner's wife is now pregnant and is in good health. The petitioner has just completed four years and six months tenure in Delhi and in routine is bound to be transferred outside Delhi. Further, as the petitioner belongs to a central paramilitary force, he is in routine to be posted all over the country. It is settled law that transfer is an exigency of service. This Court in the present case finds no grave reason to interefere with the movement/transfer order passed by the respondents.
6. Accordingly, the present writ petition along with pending applications is dismissed.
Transfer as an exigency of service and lack of grave reason to interfere with transfer orders
Point of law : Transfer of service – Member of Para Military Force – Wife on family wan conceived through IVF – Fresh representation to be made and competent authority to look under sympathetic consi....
The court considered the compelling circumstances of a complicated medical situation and the need for the petitioner's presence during the childbirth as justifying the retention of the petitioner in ....
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
Judicial review of administrative transfers is limited; courts uphold orders unless clear legal violations are evident.
The principle of justice and compassion influenced the court's decision to grant an extension of the joining period due to the petitioner's wife's medical condition.
Transfers in uniformed services are treated as administrative matters, with courts exercising restraint unless clear violations of law or bad faith are shown.
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