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CWP No. 3037 of 2018

Decided On: 27.12.2018

Appellants: Bharat Singh Vs. Respondent: Union of India and Ors.

Hon'ble Judges/Coram:
Surya Kant, C.J. and Ajay Mohan Goel


Surya Kant, C.J.

1. The petitioner is an Assistant Sub Inspector in Sashatra Seema Bal. He was posted at TTC Kasumpti (Shimla). Vide order dated 26th October, 2018, the petitioner has been ordered to be transferred to 8th Battalion Sashatra Seema Bal at Khaprail (West Bengal).

2. The petitioner had submitted a representation to the Deputy Inspector General (Personnel), Force Headquarters SSB, New Delhi (Annexure P-10) requesting for deferment of transfer order for six months on the ground that his wife is suffering from Chronic Mental Disorder for the last thirteen years and is under treatment in Ram Manohar Lohia Hospital, New Delhi and Indira Gandhi Medical College & Hospital at Shimla but the said representation has been turned down by the Authority vide order dated 21st December, 2018 (Annexure P-3) and the petitioner has been directed to be relieved by 31st December, 2018. The aggrieved petitioner has approached this Court.

3. We have heard learned counsel for the parties.

4. It goes without saying that transfer is an incidence of service and the petitioner, being a member of the disciplined Para Military Forces, can hardly be permitted to agitate against his posting anywhere throughout the country. At the same time, it appears expedient if the Authorities can sympathetically consider the mitigating circumstances highlighted by the petitioner, namely, the serious ailment of his wife, for the limited purpose of the place of posting, may be near to Delhi or Shimla, where his wife is stated to be undergoing treatment.

5. While it is for the Authorities to take a final call, the writ petition is disposed of with liberty to the petitioner to submit a fresh representation within two days to the Director General, Sashatra Seema Bal, Head Office New Delhi, which may be put up before the said Authority for sympathetic consideration within one week. Let the aforesaid Authority take a decision in the matter on or before 15th January, 2019 and till such time, the petitioner may not be relieved from the present place of posting.

6. Pending miscellaneous applications, if any, also stand disposed of accordingly.

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