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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Sunil Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 10144 of 2022 & CM Appl. 29439 of 2022
Decided On : 05-08-2022
| Table of Content |
|---|
| 1. quashing of transfer orders (Para 1) |
| 2. promotion and postings in accordance with family considerations (Para 2) |
| 3. case disposed due to lack of matters remaining (Para 3) |
| 4. resolution of pending applications (Para 4) |
1. Vide the present petition, petitioners seek partly quashing of the impugned signal dated 19.04.2022 issued by the Deputy Director (Medical) CRPF qua the aspect of transfer of the petitioner No.2; quashing of the impugned relieving order dated 21.06.2022 issued by the Deputy Director Medical CRPF directing to release the petitioner No.2 forthwith; directions to the respondents either to post the petitioner No.2 at Group Centre, Jalandhar or to post the petitioners together at any appropriate location where medical facilities are available for the father of petitioner No.1.
2. Learned counsel for respondents submits that in view of the impugned order dated 19.07.2022, the petitioner No.2-wife was promoted and posted in Gandhi Nagar, Gujarat and now, petitioner No.1-husband has been transferred to the same place where his wife, i.e. petitioner No.2 is posted.
3. In view of above, nothing survives in the present petition and the same is accordingly disposed of.
4. Pending application also stands disposed of.
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 maintains the authority to review administrative orders and allow fresh petitions when previous orders are cancelled, emphasizing the orderly conduct of procedural fairness.
Prompt decision on representation and communication of reasoned order by the respondents.
The central legal point established in the judgment is the requirement for proper application of mind and compliance with transfer policies by the respondent authorities.
Court directed a sympathetic reconsideration of a transfer request based on the petitioner's deteriorating health conditions, underlining the importance of accommodating such requests.
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
The court's decision was based on the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.
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.
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