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 consideration

JUDGMENT :

1. Learned counsel for the petitioner undertakes to remove the defects, within a period of two weeks.

2. The petitioner has approached this Court for staying the order of transfer dated 13.04.2020 and subsequent relieving order dated 05.03.2021 (Annexure-4 & 5 respectively) for one year due to the reasons that his wife is on family way and has conceived through I.V.F. Technology and as per the advice of treating Doctor, she needs extra care.

3. Learned counsel for the petitioner submits that petitioner was appointed in CISF and at present posted at CISF Unit, UCIL, Jadugoda, East Singhbhum and his wife is on family way and has conceived through I.V.F. Technology at Jamshedpur. Expected date of delivery as per Ultrasound report is 02/11.09.2021 and she is in regular consultation of doctors of IVF care at Jamshedpur. Learned counsel further argues that he is very conscious of the fact that usually transfer orders are not interfered by the Hon’ble Court, but in present scenario and special circumstances, the prayer of the petitioner is fit to be entertained on the specific ground that as per the advice of Doctor, his wife needs complete bed rest and he is only person to look after her way and as such, the transfer order may kindly be stayed for 3 months only.

4. On the other hand, Mr. Rajiv Sinha, learned ASGI vehemently opposes the contention of the learned counsel for the petitioner and submits that already earlier the order of relieving has been amended on 05.03.2021 and the petitioner has been asked to join the transferred post on or before 10.06.2021. However, in compelling circumstances as expected date of delivery as per Ultrasound report of his wife is 02/11.09.2021, the petitioner may approach the Competent Authority for extension of his relieving period for three months only.

5. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that admittedly, the transfer is an incident of service and the petitioner being a Member of Para Military Force has to maintain discipline and obey the orders of the superior authority. In the instant case, as the wife of the petitioner is on family way and has conceived through IVF Technology and expected date of delivery as per Ultrasound report, is 02/11.09.2021 and petitioner is only person to look after her wife. Under such special circumstances, petitioner is directed to file a fresh representation before the Competent Authority i.e. respondent No.3, within three days from today along with a copy of this Order. After receipt of the same, the respondent No.3 shall give sympathetic consideration to the case of the petitioner and pass an appropriate order, staying the relieving order of the petitioner till 1st week of October, 2021 and further, a date may be fixed for relieving to the petitioner for joining the transferred place after 1st week of October, 2021.

6. This order has been passed in special circumstances, it will not be treated as a precedent for other transfer matter.

7. Accordingly, writ petition stands disposed of.