Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Chand Singh (HC GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition is disposed of, allowing for procedural steps. (Para 1 , 2 , 6 , 8) |
| 2. petitioner seeks quashing of a signal for de-attachment. (Para 3) |
| 3. court provides a direction for representation and stay on current orders. (Para 4 , 5 , 7) |
CM APPL. 38627/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 12719/2022 & CM APPL.38626/2022
3. By way of the present petition, petitioner seeks quashing and setting aside the impugned signal No.A/1740 dated 10.08.2022 for de-attachment of petitioner from FHQ BSF hospital and commanding the respondents to extend the attachment period of petitioner in Delhi area unit for treatment of his wife at Artemis Hospital Gurugram.
4. In view of the averments made and medical documents attached in the present petition, we hereby dispose of the present petition by giving liberty to the petitioner to make representation to the respondents within two weeks from today. On receipt of the same, respondents are directed to decide the same keeping in view the medical documents of the petitioner attached with the present petition into consideration and pass
Administrative bodies must consider humanitarian factors in decisions affecting personnel, especially regarding medical treatment.
Transfers in employment must consider humanitarian grounds, particularly regarding family health and educational stability.
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.
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
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 emphasized that service decisions may consider humanitarian factors, particularly affecting family health situations, as part of public employment policy.
The court emphasized the importance of humanitarian grounds in administrative decisions, allowing a fresh representation and mandating timely consideration based on health circumstances.
Administrative authorities retain discretion over postings; courts may intervene only in cases of arbitrariness or unreasonable actions.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
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
