Havildar Saji Raj R v. Union Of India And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 800/2017 and CM No. 3719/2017 (for direction) HAVILDAR SAJI RAJ R ..... Petitioner Through Ms. Archana Ramesh, Advocate.

versus UNION OF INDIA AND ORS ..... Respondents Through Mr. Vivek Goyal, CGSC along with Mr. Anurag and Ms. Vanya Khanna, Advocates and Mr. Kamlesh Jha, Officer for UOI.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

O R D E R

% 31.01.2017 This writ petition is directed against an order, whereby, the petitioner has been transferred from Trivandrum in Kerala to Anantnag in Jammu and Kashmir.

The movement order is dated 15.12.2016. Ms. Ramesh submits that the petitioner was ready to proceed to his place of posting i.e. Anantnag. However, shortly before 01.01.2017, the petitioner started suffering from serious eye problems. There was complete loss of vision in the right eye. The petitioner has apparently suffered retinal detachment and been referred to different hospitals in Bangalore and in Chennai. It appears that the W.P.(C) 800/2017

Commanding Officer of the petitioner has also recommended deferment/cancellation of the movement order of the petitioner, having regard to his medical condition.

After hearing the respective parties, we deem it appropriate to direct the Chief of Army Staff to consider and dispose of the statutory representation of the petitioner for deferment/cancellation of the posting order of the petitioner in accordance with law and in the light of the materials on record including the medical prescriptions / certificates as also the recommendation of the Commanding Officer. Till such time as the representation is considered and disposed of, the order of transfer shall be kept in abeyance.

The writ petition is disposed of. The pending application shall also stand disposed of.

Copy of the order be given dasti under the signature of the Court Master.

INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J JANUARY 31, 2017 rs

W.P.(C) 800/2017