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DELHI HIGH COURT
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
HC(GD) Chand Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. order on applications and disposal of petition (Para 2 , 8) |
| 2. petitioner's request to quash orders (Para 3 , 4 , 5) |
| 3. court's abeyance direction on transfer order (Para 6 , 7) |
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
Transfers in employment must consider humanitarian grounds, particularly regarding family health and educational stability.
Administrative bodies must consider humanitarian factors in decisions affecting personnel, especially regarding medical treatment.
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
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....
Transfer orders may be deferred based on personal health circumstances but should have a defined time limit for extensions.
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 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 central legal point established in the judgment is the requirement for proper application of mind and compliance with transfer policies by the respondent authorities.
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.
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