The Management Of Cafe Coffee Day v. Labour Secretary & ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 04.09.2023 + W.P.(C) 11713/2023 & CM APPL. 45683/2023 SUB SANJEEV KUMAR SINGH ..... Petitioner versus UNION OF INDIA AND ORS.

..... Respondents Advocates who appeared in this case:

For the Petitioner:

Mr. Ajit Kumar Kakkar, Advocate For the Respondents:

Mr. Gaurav Sharma, Advocate with Maj. Partho

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioner seeks quashing of posting order dated 30.07.2023 whereby petitioner has been posted from New Delhi to 310 Field Hospital, Akhnoor, Jammu & Kashmir.

2.

Learned counsel for the petitioner submits that petitioner has been placed in low medical category P-3 (T-24) for 24 weeks for primary hypertension and has been declared unfit for High Altitude Area. 3.

Learned counsel for the petitioner submits that in view of the medical category of the petitioner the posting to Akhnoor is not sustainable for the W.P.(C) 11713/2023 1 By:RASHIM KAPOOR 11:12:09

reason it is a HAA.

4.

Learned counsel appearing for the respondent disputes the same and submits that the altitude of Akhnoor is approximately 310 meters (approximately 985 ft.) which is similar to Delhi and much lower than Pune, where petitioner is seeking posting. He under instructions submits that petitioner would be assigned duties as per his medical category and shall not be posted or assigned duties contrary to the medical advice in a High Altitude Area.

5.

In view of the above statement of the respondent, we are of the view that the impugned order of posting does not warrant any interference. We consequently find no merit in the petition. The petition is accordingly dismissed.

SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 4, 2023 'rs'

W.P.(C) 11713/2023 2 By:RASHIM KAPOOR 11:12:09