Ms. X v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11488/2015 MS. X ..... Petitioner Through:

Ms. Indira Jaisingh, Senior Advocate with Ms. Devna & Ms. Meher Dev, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Manish Mohan, Central Government Standing Counsel & Mr. Ankur Chhibber, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 28.03.2016 1.

The present petition has been filed by the petitioner praying inter alia for issuing a writ of mandamus to the respondents for quashing the order dated 2nd December, 2015, issued by the respondents/Coast Guard, directing her to proceed on a permanent transfer to Kolkata by mid of December, 2015 in terms of the order dated 8th September, 2015. Further, the petitioner has prayed for extension of one year on her permanent transfer to Kolkata from 15th December, 2015, on the ground that she has been undergoing an IVF procedure at the Army R & R Hospital, New Delhi, which mandates a regular follow up and monitoring. 2.

When the present petition was listed for admission on 10th December, 2015, taking into consideration the submissions made on behalf of the petitioner, the operation of impugned orders dated 8th September, 2015, 4th November, 2015 and 2nd December, 2015, directing W.P.(C) 11488/2015

the petitioner to report to Kolkata, were stayed till the next date of hearing. Later, on 16th March, 2016, the petitioner, who had appeared in person, had stated that the IVF procedure that she had undergone, had not been successful.

3.

Ms. Jaisingh, learned Senior counsel appearing for the petitioner states that the IVF procedure that was undergone by the petitioner has not been successful, but she proposes to take another chance by repeating the said procedure. She further states that the petitioner is ready and willing to report to her place of posting at Indian Coast Guard Station, Kolkata, in terms of the order dated 8th September, 2015, within the prescribed period of ten days.

4.

In view of the aforesaid submission, nothing further survives for adjudication in the present petition which is accordingly disposed of. The order dated 8th September, 2015, shall be treated as effective from today and ten days' time is granted to the petitioner to report to her place of posting. Needless to state that if the petitioner has any grievance with regard to her further transfer to a different place of posting before completion of the tenure at Kolkata ordinarily granted to an official, an apprehension that has been expressed before us, we are of the opinion that it is premature as the petitioner shall have a legal remedy if such a situation arises.

HIMA KOHLI, J SUNIL GAUR, J MARCH 28, 2016 r W.P.(C) 11488/2015