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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Ranjeet - Appellant
Versus
Union of India - Respondent
W.P.(C) 16074 of 2022 & CM Appls. 50175-50176 of 2022
Decided On : 22-11-2022
| Table of Content |
|---|
| 1. petitioner seeks to quash transfer orders due to wife's medical condition. (Para 1 , 1 , 2) |
| 2. respondents argue against petitioner's request citing terms of employment. (Para 3 , 4) |
| 3. court grants extension based on medical circumstances. (Para 5) |
1. By way of present petition, petitioner seeks the following reliefs:
a) Quash the HQ DG BSF Signal No.R/3127 dated 06.06.2022, order No.1111-C/Pers (P&T)-II/SDG (EC)/MS/2022/3052-3167 dated 15.06.2022 and order No. IGA/Estt-II/P&T-HC/Min/2022/5155-5551 dated 24.06.2022;
b) Quash the rejection Signal No.115306/IG/DIG dated 10.11.2022 rejecting the representation of the Petitioner;
2. Learned counsel for the petitioner submits that the wife of the petitioner was diagnosed with "Ear Discharge with Decreased Hearing" in 2014 for which she is still undergoing medication and has also already undergone three surgeries. He further submits that she also suffers from Thyrotoxicosis and due to this problem of thyroid, she has suffered four miscarriages, the last one being on 16.11.2022. He thus prays that the transfer orders of the petitioner from Delhi to Tripura be deferred.
3. Mr. Tanveer Ahmed Ansari, learned counsel for the respondents appearing on advance notice, on the other hand submits that the petitioner is already on extended tenure which is about to expire on 06.12.2022 and further submits that similar medical facilities are available in Tripura as are available in Delhi. Thus, the present petition deserves to be dismissed.
4. At this stage, learned counsel for petitioner after interacting with the petitioner who is present in Court, requests that further six months time be extended so that the petitioner can make appropriate arrangements qua the health condition of his wife.
5. Keeping in view the above averments, and the fact that the wife of petitioner has already undergone three surgeries for "Ear Discharge with Decreased Hearing" coupled with four miscarriages and the fact that similar medical facilities and medications for the treatment of "Ear Discharge with Decreased Hearing" are available in Tripura, we hereby dispose of the present petition alongwith pending applications, directing the respondents to extend the tenure of the petitioner further by three months from 06.12.2022 for his reporting at Tripura. It is clarified that the petitioner will not be granted any further extensions.
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.
The exceptional circumstances of the petitioner's health condition and the refusal of relief to the wife in similar cases influenced the court's decision to allow the transfer petition.
Transfers in employment must consider humanitarian grounds, particularly regarding family health and educational stability.
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 emphasized that service decisions may consider humanitarian factors, particularly affecting family health situations, as part of public employment policy.
The court upheld the routine nature of transfer orders in central paramilitary forces, asserting that personal circumstances do not constitute a grave reason for intervention.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
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