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2025 Supreme(Online)(Del) 48409

Shambhu Nath Rai v. Union Of India & Ors.


1. The petitioner is an Assistant Sub Inspector/General Duty posted in the 171st Battalion of the Border Security Force, (1 “BSF”, hereinafter) at Silchar, Assam. His son, Satyendra Kumar, is in Delhi. Silchar is 2107 kms away from Delhi.

2. On the ground that his son was suffering from Muscular Dystrophy in his lower limbs and needed the petitioner’s assistance even for normal daily activities, the petitioner preferred a representation, praying that he be relocated to Delhi or posted at a place where facilities to treat his son were available. The petitioner suggested that he could be posted at Kolkata or Bangalore.

3. The petitioner had approached this Court by way of WP (C) 5125/2022 when he was posted at Delhi, challenging his transfer to Silchar. This Court, by order dated 12 September 2024, declined to interfere but extended the period for the petitioner to relocate from Delhi to Silchar till 31 January 2025. Liberty was, however, reserved with the petitioner to reapproach this Court should he come across any policy which could justify his continuance at Delhi.

4. Availing the liberty so granted, the petitioner filed CM Appl 4320/2025 and 4034/2025. In the said applications, th

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