L/Naik Gaurav Kumar Singh v. Union Of India & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12287/2018 & CM 47601/2018 L/NAIK GAURAV KUMAR SINGH ..... Petitioner Through:

Ms Sumati Anand, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr Rakesh Kumar, CGSC for UOI with Major Charul Bhat.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 22.11.2018

1. The Petitioner is aggrieved by a transfer order dated 27th October, 2018 transferring him from Delhi to Udhampur, J&K.

2. One of the grounds on which the Petitioner seeks to resist the transfer order is that he has an eight year old son who is suffering from cerebral palsy with Epilepsy and Bilateral Optic Atrophy. The Petitioner apprehends that the Udhampur unit may not have access to adequate medical facilities required for his son‟s treatment.

3. Learned counsel for the Respondents has placed before the Court a fairly

detailed response to the petition in which inter alia it is pointed out that the facility at the Udhampur meets the requirement of the treatment as pointed out by the Petitioner himself who has produced a certificate issued by the Army Hospital (R&R), Delhi.

4. Learned counsel for the Petitioner then expressed an apprehension about being permitted to retain the accommodation in Delhi while reporting for duty at Udhampur. In this regard, in the note presented before the Court it is pointed out by the Respondents that the Petitioner has been directed/advised "to continue retention of government married accommodation and also advised to process a separate application for retention of accommodation at Delhi as per the policy, since he now stands posted at new unit at Udhampur." In that view of the matter, the apprehension of the Petitioner in this regard also does not appear to be justified.

5. The writ petition and the pending application are accordingly dismissed, but in the circumstances, with no orders as to costs. S. MURALIDHAR, J.

SANJEEV NARULA, J.

NOVEMBER 22, 2018 rd