Transfers in employment must consider humanitarian grounds, particularly regarding family health and educational stability.

JUDGMENT

CM APPL. 52213/2022(for exemption)

1. Allowed, subject to all just exceptions.

2. Application is accordingly disposed of.

W.P.(C) 16597/2022 and CM APPL. 52212/2022

3. Vide the present petition, petitioner prays as under:

a. To quash and set aside the impugned Order dated 10.11.2022.

b. To direct the respondents to extend the attachment of the petitioner at FHS BSF Hospital-I, New Delhi or he may be posted to a nearby unit in Delhi area.

4. The present petition is second round of litigation and the earlier petition bearing no. WP.(C) 12719/2022 was disposed off vide order dated 02.09.2022 by giving liberty to the petitioner to make representation to the respondents and the respondents were directed to decide the same keeping in view the medical documents of the petitioner's wife and pass an order on humanitarian ground. Consequently, the Signal dated 10.08.2022 was directed to be stayed.

5. Thereafter, petitioner made the representation and the same has been considered in detail and rejected vide order dated 10.11.2022.

6. After hearing the learned counsel for the parties in brief, we are of the view that the order dated 10.11.2022 passed in detail considered all the aspects above, however, keeping in view the facts that the wife of the petitioner is taking treatment from Artemis Hospital, Gurugram and two children of the petitioner are in the mid of their academic session of 10th and 12th Standard, therefore, at the request of counsel for the petitioner, we hereby direct the respondents to keep the transfer order dated 10.08.2022 in abeyance till 30.04.2023.

7. It is agreed by the counsel for the petitioner on instructions that no further request for whatsoever reasons shall be made for extension beyond the period stated above.

8. In view of the above, the petition as well as pending application, if any, stand disposed of.