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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Sanjay Kumar – Appellant
Versus
Union of India – Respondent
CM APPL. 17503/2022 (exemption)
1. The application is allowed, with a direction to the applicant to file typed copies of dim/small size font/medical documents within four weeks.
2. The application is accordingly disposed of.
W.P.(C) 5829/2022 & CM APPL. 17502/02022
3. Vide the present petition, petitioner prays as under:
a. To quash the premature repatriated order dated 30.03.2022 in respect of petitioner thereby repatriated the petitioner at their parent organization/unit will all consequential benefits;
b. To direct the respondents to allow the petitioner to the post of JRO under respondent no.2 for another 2 years on deputation basis in terms of their policy guidelines dated 24.11.2016 for deputation of Combatised CAPFs & AR personnel in other organization.
4. Notice issued.
5. On the last date of hearing, counsel for the petitioner submitted that since the two minor daughters of the petitioner are undergoing treatment at PGIMER (Post Graduate Institute of Medical Education & Research) and requested this Court to direct the respondents to cancel his transfer from Delhi to Shillong at least for six months so that petitioner can make further arrangements
The court emphasized that service decisions may consider humanitarian factors, particularly affecting family health situations, as part of public employment policy.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
An employee on deputation is to be repatriated if the borrowing department opts not to absorb them, but personal circumstances must be considered in determining their subsequent posting.
The main legal point established is that repatriation can be justified based on unsatisfactory performance and an employee's own undertaking, and the requirement of a three months' notice may not app....
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Authority's discretionary power in employee transfers must be exercised fairly and in adherence to established policies, especially concerning caregivers of disabled children.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
Caregivers of parents with benchmark disabilities under RPwD Act entitled to exemption from routine transfers per DoPT guidelines.
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