Sgt Jat Rp v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7658/2016 & CM No. 31512/2016 (stay) SGT JAT RP ..... Petitioner Through:

Mr. Ankur Chhibber & Mr. Ajit Kakkar, Advocates versus UNION OF INDIA & ORS ..... Respondents Through:

Ms.

Archana Gaur, Advocate for UOI.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.08.2016 This writ petition has been filed challenging an order dated 22.07.2016 passed by the respondent No. 3 by which the petitioner has been transferred and directed to report at Pathankot. The petitioner apparently has twin children, both of whom are in Class 12 and shall be taking the Board examination in March, 2017. The petitioner has apparently been posted in Bengaluru for about three years. As per the policy of transfer of the respondent authorities, postings in Bengaluru are ordinarily for four years. It is true that the policy is only directory and not mandatory. However, considering that there are W.P.(C) 7658/2016

onbly about 6-7 months left for the Board examination, we dispose of the writ petition by directing the respondent authorities not to disturb the petitioner till the end of the Board examination of his children. Needless to mention that after the Board examinations are over, the petitioner may be transferred anywhere.

Pending application is also disposed of.

INDIRA BANERJEE, J NAJMI WAZIRI, J AUGUST 30, 2016 rs W.P.(C) 7658/2016