Heard Sri Ajay Shukla, learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate and Assistant Solicitor General of India, assisted by Sri Varun Pandey for the opposite parties.
By means of this petition, the petitioner has assailed the order dated 24.5.2019 passed by opposite party no.2 i.e. Director General Supply and Transport, Lieutenant General, Integrated Head Quarter of Ministry of Defence (Army) DHQ, P.O. New Delhi transferring the petitioner from Lucknow to Doda.
Learned counsel for the petitioner has referred policy dated 25.6.2014 (Annexure No.3 to the writ petition), which relates to the 'Posting of JCOs/ or with Paraplegic/ Spastic/ Differently Abled Children Incl Adult Children and Dependant for Specialized Treatment and Care' referring para-11 thereof, which provides as under:-
"11. With no restriction on the number of extensions case for further extension, after recommendation of medical authority, will be forwarded to the concerned Line Directorate for approval by Heads of Arm/Service in such cases, the individual will furnish an "Adverse Career Certificate".
Learned counsel for the petitioner has submitted that his 21 years old son is 100% handicapped and totally dependent upon the petitioner and if the petitioner is posted at Doda, which is not a family station, then his son shall suffer irreparably. Learned counsel for the petitioner has submitted that the petitioner has apprised the authorities concerned about this contingency but no appropriate decision has yet been taken.
Sri S.B. Pandey, learned Senior Advocate, has produced copy of the instructions dated 22.7.2019, the same is taken on record. Sri Pandey has submitted that considering the grievance of the petitioner, he has already been accommodated. He has further submitted that considering the plight of the petitioner, the Department has sought some choice postings from the petitioner so that he could discharge his duties and could also discharge his responsibility of being father. As per the department instructions, no such choice has been given by the petitioner till date.
Therefore, without entering into merits of the issue, this writ petition is disposed of finally at the admission stage permitting the petitioner to prefer a representation providing at least four places of his choice where he may get the medical facility for his son and could discharge his duties within a period of seven days from today enclosing therewith the medical certificate of his son and all other relevant documents, which are necessary for disposal of his representation, taking all pleas and grounds, which are available to him. If such representation is preferred by the petitioner within the aforesaid stipulated time, the competent authority shall consider and decide the same considering the compassion of the petitioner, by speaking and reasoned order, strictly in accordance with law and policy, with promptness, preferably within a period of two weeks from the date of receipt of the representation and the petitioner is also directed to abide by the order being passed by the competent authority on his representation, with promptness.
Till appropriate decision is taken on the aforesaid representation of the petitioner, the operation and implementation of the transfer order dated 24.5.2019 shall be kept in abeyance so far as it relates to the petitioner.
Order Date :- 26.7.2019 RBS/-
[Rajesh Singh Chauhan,J.]