W.P.(C) No.13364/2021

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$~S-21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 13364/2021 & CM APPLs. 42120-121/2021

VIJAY SINGH

..... Petitioner

Through:

Mr. K.K.Sharma, Advocate.

versus

UNION OF INDIA & ORS.

..... Respondents

Through:

Mr.Vivekanand Mishra, Advocate.

Date of Decision: 26^th November, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

%

26.11.2021

Present writ petition has been filed challenging the movement order

dated 18^th November, 2019 issued by Respondent No.3 directing the

Petitioner to join 90 Bn, Anantnag, J&K on or before 8^th December, 2021 as

well as signal dated 15^th November, 2021 issued by Respondent No. 4

rejecting the Petitioner’s representation dated 16^th September, 2021 and

transfer order dated 31^st

Learned counsel for the petitioner states that the Petitioner seeks the

stay of transfer on account of ongoing IVF treatment of his five months’

pregnant wife at IVF fertility and IVF Centre, Patel Nagar, Delhi as the

August, 2021 issued by Respondent No. 3.

Petitioner also seeks directions to the Respondents to consider the request of

the Petitioner to stay his transfer and extend his stay at 103 Bn. CRPF RAF

for one year.

2021:DHC:3846-DB

W.P.(C) No.13364/2021

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Petitioner’s wife has conceived for the first time after 9-10 years of constant

effort after the solemnization of their marriage on 15^th June, 2012.

He states that both his parents had passed away when he was young

and there is no one to take care of his wife, who needs constant care and

regular checkups at the clinic as her treatment is still going on.

Having perused the paper book, this Court finds that though there

were initial difficulties in the couple having a child, yet the petitioner’s wife

is now pregnant and is in good health. The petitioner has just completed four

years and six months tenure in Delhi and in routine is bound to be

transferred outside Delhi. Further, as the petitioner belongs to a central

paramilitary force, he is in routine to be posted all over the country. It is

settled law that tranfer is an exigency of service. This Court in the present

case finds no grave reason to interefere with the movement/transfer order

passed by the respondents.

Accordingly, the present writ petition along with pending applications

is dismissed.

MANMOHAN, J

NAVIN CHAWLA, J

NOVEMBER 26, 2021

TS

2021:DHC:3846-DB