Paramjit Singh Negi v. Union Of India And ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9290/2019 PARAMJIT SINGH NEGI ..... Petitioner Through:

Mr D.D. Singh and Mr Navdeep Singh, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Harish V. Shankar and Mr Shoumendu Mukherji, Advocates for UOI.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 27.08.2019 CM 38330/2019 (exemption) 1.Allowed, subject to all just exceptions.

W.P.(C) 9290/2019 & CM 38329/2019 (stay) 2.The Petitioner is resisting his posting to Durg, Chhattisgarh on the ground that he is a qualified medical professional and that his services are best utilized in the Sports Medicine Centre here in Delhi. The fact of the matter is that he has been here in Delhi for more than four years. He was required to report for duty in Durg, Chhattisgarh by a posting order dated 5th April, 2019 and was supposed to assume charge in Durg, Chhattisgarh on 25th June, 2019.

3. The Petitioner's first representation dated 10th June, 2019 was rejected on 15th July, 2019. He has made another representation on 20th August, 2019. Effectively, therefore, for nearly more than four months after his posting

order, the Petitioner continued to remain in Delhi.

4. The Court has been taken through the policy of the Respondents. There is nothing in the policy that mandates that the person should continue in Delhi, if his services on account of his specialization, requires his presence in a particular place. On the other hand, it is stated by learned counsel for the Respondents that on account of the Petitioner being reluctant to move from Delhi, he is holding up the posting order of the person who is to replace him here in Delhi.

5. The Court is not satisfied that the Petitioner has made out any case for interference with the impugned posting order.

6. The petition is accordingly dismissed. The pending application is also disposed of.

S.MURALIDHAR, J TALWANT SINGH, J AUGUST 27, 2019 rd