Subedar S Saji Kumar v. Union Of India And 5 ORS.
901. wp 629-20.doc DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 629 OF 2020 Subedar. S. Saji Kumar ..Petitioner vs.
Union of India & ors.
..Respondents ...........
Mr. Umesh J. Desai for Petitioner.
Mr. R.V. Govilkar a/w. Ms. Anamika Malhotra for Respondents. ...........
CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.
DATE : 20 FEBRUARY 2020 P.C.:- The Petitioner has challenged the order of transfer dated 27 January 2020 from Mumbai to Ambala. The Petitioner's grievance is that the Petitioner's wife is suffering from a Kidney disease and requires regular treatment from a Nephrologist. It is his apprehension that a Nephrologist will not be available at Ambala. 2.
The learned counsel for the Respondents points out that at present, the Petitioner resides at Kalina in Mumbai and Nephrologist attached to the Respondent - Army is available at Colaba and the travelling distance is more than one hour. He further points out that there is a Nephrologist available at 1/2
901. wp 629-20.doc Chandigarh which is close to Ambala and therefore apprehension of the Petitioner is not warranted. He states that once on the request of the Petitioner, his posting was continued at Mumbai. 3.
Considering that this is a routine administrative transfer, we do not find any ground is made out to interfere with the same. As regard the apprehension of the Petitioner, we observe that in case after transfer at Ambala if the Petitioner faces any genuine difficulty on the above ground, it is always open to the Petitioner to make a representation to the Superiors.
4.
With these observations, the Writ Petition is disposed of. (M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:
2020.02.25 11:33:22 +0530 Diksha Rane 2/2