R. SURESH KUMAR
P. Ramesh – Appellant
Versus
Director General Central Reserve Police Force (CRPF), New Delhi – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India for a writ of Certiorified Mandamus to call for records relating to the impugned order of the second respondent in order No.01/2022 EST-BR-P2DA16- PER-DG dated 06.07.2022 and the consequential order issued in No.T.IX-17/2022-Estt-DA-4 dated 31.08.2022 and quash the same insofar as the petitioner is concerned and direct the respondents to retain him in Chennai so as to enable the petitioner to continue and complete the medical treatment for infertility as enumerated in the Central Reserve Police Force Standing Order No.07/15 dated 04.08.2015.)
1. The prayer sought for herein is for a writ of Certiorarified Mandamus to quash the impugned order of the second respondent in order No.01/2022 EST-BR-P2DA 16-PER-DG dated 06.07.2022 and the consequential order issued in No.T.IX-17/2022-Estt-DA-4 dated 31.08.2022 insofar as the petitioner is concerned and direct the respondents to retain him in Chennai so as to enable the petitioner to continue and complete the medical treatment for infertility as enumerated in the Central Reserve Police Force Standing Order No.07/15 dated 04.08.2015.
2. The petitioner is working as
The court considered the compelling circumstances of a complicated medical situation and the need for the petitioner's presence during the childbirth as justifying the retention of the petitioner in ....
In matters of transfer, while administrative exigencies are paramount, courts may intervene on humanitarian grounds when a government servant demonstrates compelling medical reasons, such as the spec....
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 as an exigency of service and lack of grave reason to interfere with transfer orders
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.
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.
Court directs empathetic consideration of CRPF personnel's posting request for family reasons before voluntary retirement.
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.
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