DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Abhishek Sinha – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order of transfer and related decisions. (Para 1) |
| 2. petitioner requests for accommodation due to child's education. (Para 2) |
| 3. respondents offer temporary accommodation in pune. (Para 3) |
| 4. court accepts the respondents' offer for accommodation. (Para 5) |
| 5. court clarifies treatment of absence and precedential value. (Para 6 , 7) |
| 6. petition disposed of with order. (Para 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
1. Petitioner impugns order dated 06.10.2022 whereby the Original Application (`OA') filed by the petitioner, impugning the order of transfer dated 09.06.2022; and rejection of his representation by order dated 03.08.2022 and the relieving order dated 12.08.2022, was dismissed.
2. Learned counsel for the petitioner submits that the son of the petitioner is studying in Pune in ICSE Board and it is not possible for him to secure an admission in the said Board in Delhi in mid-session. He submits that the session is likely to end on 31.03.2023 and he prays that the Department may sympathetically consider his case and consider permitting him to retain the official accommodation in Pune till the end of the session of the child, so that t
Court ruled in favor of flexible administrative decisions in employment law to ensure educational continuity for children, allowing retention of accommodation amid transfer.
The court directed that transfer requests be considered sympathetically based on personal circumstances such as remaining service duration and family medical needs.
Government employees do not have a vested right to their posting location; transfers are within employer discretion to maintain administrative balance.
The court considered the impact of the pandemic situation and the employment status of the petitioner in granting the request for retention of the quarter.
Court directed expeditious consideration of nearby school posting request for retiring teacher amid transfer due to disciplinary proceedings.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.