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Smart Summary

Factual and Procedural Background

The petitioner, a Constable (General Duty) in the Central Reserve Police Force (CRPF), filed a writ petition challenging the transfer order dated 3 February 2020, which transferred him from Delhi to Chhattisgarh, as well as the Movement Order dated 26 November 2020 directing him to report to Chhattisgarh. The petitioner sought a mandamus directing the respondents to extend his stay in Delhi for one year. The petitioner contended that the initial transfer order was not communicated to him and he only became aware of the transfer through the Movement Order. The petitioner, posted in Delhi since March 2016, sought extension of stay based on his wife's pregnancy following an In Vitro Fertilization (IVF) procedure, emphasizing her medical condition and the necessity of regular clinic visits in Delhi. The respondents opposed the plea, stating pregnancy is not a ground to defer or cancel a transfer and noted the petitioner failed to report to the transferred location despite being relieved and given time to join.

Legal Issues Presented

  1. Whether the petitioner is entitled to have his transfer deferred or cancelled on the ground of his wife's pregnancy following IVF treatment.
  2. Whether the petitioner's failure to join the transferred place after being relieved affects his entitlement to relief.
  3. What relief, if any, can be granted to the petitioner considering the unique circumstances of the pregnancy and the petitioner's non-compliance with transfer orders.

Arguments of the Parties

Petitioner's Arguments

  • The transfer order dated 3 February 2020 was not communicated to him; he learned of the transfer only from the Movement Order dated 26 November 2020.
  • He has been posted in Delhi since March 2016 and his wife, after unsuccessful attempts to conceive for eleven years, is currently six months pregnant following IVF treatment.
  • Due to the nature of the pregnancy, his wife requires regular medical supervision in Delhi and is unable to move outside the city.
  • He requested an extension of stay in Delhi for one year to support his wife during this period, but the request was denied.

Respondents' Arguments

  • Pregnancy is not a valid ground for cancelling or deferring a transfer order.
  • The petitioner was relieved from Delhi on 26 November 2020 and given twenty days to join the new posting in Chhattisgarh.
  • The petitioner failed to join the transferred place within the stipulated time and has not performed his duties either in Delhi or Chhattisgarh.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court acknowledged the respondents' stance that pregnancy is ordinarily not a ground to interfere with a transfer order. However, it distinguished the present case on the basis of the petitioner's and his wife's prolonged childlessness and the exceptional nature of the current pregnancy achieved through IVF. The court recognized that the pregnancy cannot be treated as an ordinary one requiring routine handling. In light of these facts, the court directed the respondents to consider the petitioner's request sympathetically and accommodate him in Delhi for at least six months, if not the full one year sought. The court also found merit in the respondents' contention regarding the petitioner's failure to join the transferred post but did not consider this sufficient to dismiss the petition outright. The court suggested that any fault on the part of the petitioner for non-joining could be dealt with by appropriate disciplinary action rather than outright dismissal of the petition. The court further directed the Assistant Commandant to have the petitioner's request examined by the appropriate authority and report back before the next hearing.

Holding and Implications

The court allowed the petition subject to just exceptions and as per extant rules and disposed of the application. The direct effect of this decision is that the respondents are required to consider accommodating the petitioner in Delhi for a limited period (at least six months) given the exceptional circumstances of his wife's pregnancy. The court did not grant the full relief of one year extension but indicated a compassionate approach. No new legal precedent was established; the decision primarily directs a fact-sensitive administrative consideration and permits appropriate disciplinary measures for the petitioner’s failure to join the transferred post.

    Raj Kumar v. Union Of India And Others

    1. Allowed, subject to just exceptions and as per extant rules.

    2. The application is disposed of.

    W.P.(C) No. 6/2021

    3. The petitioner, a Constable (General Duty (GD)) in the respondents Central Reserve Police Force (CRPF), has filed this petition impugning the order dated 3 February, 2020 of the transfer of the petitioner from Delhi to Chhattisgarh as well as the Movement Order dated 26 November, 2020 relieving the petitioner from Delhi and directing the petitioner to report to at Chhattisgarh and seeking a mandamus directing the respondents CRPF to extend the stay of the petitioner in Delhi, for a period of one year.

    4. It is the case of the petitioner that the transfer order dated 3 February, 2020 was not communicated to the petitioner and the petitioner learnt of his transfer only from the Movement Order dated 26 November, 2020.

    5. The counsel for the respondents CRPF along with Assistant Commandant Anil Thakur appear on advance notice.

    6. The petitioner, who was posted to Delhi in March, 2016, seeks extension of his stay in Delhi, pleading (i) that he was married on 12 May, 2009 but he and his wife could not conceive a child; (ii) that when the petitioner was posted at Delhi, he got himself and his wife examined medically and was advised In Vitro Fertilization (IVF) and IVF has been successful and the wife of the petitioner is six months pregnant; (iii) that owing to the nature of the pregnancy of the wife of the petitioner, she is unable to move outside Delhi and has to regularly visit the clinic in Delhi where the IVF procedure was carried out and her pregnancy is being monitored; and, (iv) that though the petitioner represented for allowing him to continue to be posted in Delhi for a period of one year, to look after and be with his wife, but to no avail.

    7. The counsel for the respondents CRPF and Assistant Commandant Anil Thakur appearing on advance notice state that pregnancy of the wife is not a ground for cancelling or deferring the transfer. They have also stated that the petitioner, inspite of being relieved from Delhi on 26 November, 2020 and having been granted twenty days time to join at Chhattisgarh, without any intimation, did not join at Chhattisgarh and has not been performing his duty, neither at Delhi nor at Chhattisgarh.

    8. We are however of the view that considering that the petitioner and his wife, inspite of eleven years of marriage, have no child till now and considering the nature of the pregnancy of the wife of the petitioner, the said pregnancy cannot be treated as an ordinary/natural one, which is informed to be not a ground for interfering with the transfer and the respondents CRPF should consider the matter in this light and even if unable to accommodate the petitioner in Delhi for one year as sought, should consider accommodating the petitioner in Delhi for about six months at least.

    9. As far as the other plea of the counsel for the respondents CRPF, of the petitioner, inspite of being relieved on 26 November, 2020 having chosen to not report at the transferred place and having not performed his duty anywhere, merit is found therein but not to the extent of entailing the dismissal of the petition.

    10. The counsel for the petitioner states that the petitioner, besides the movement time of twenty days, had accumulated leave of twenty days, for which an application was made to the Unit at Chhattisgarh where the petitioner was directed to join and that though a copy of the said application is not filed, but will be filed by tomorrow with advance copy to the respondents CRPF.

    11. Be that as it may, even if the petitioner is at fault in the said respect, appropriate penalty therefor can be imposed.

    12. We request the Assistant Commandant Anil Thakur to have the request of the petitioner and as recorded hereinabove, examined by the appropriate authority before the next date of hearing and to report.

    13. List on 12 January, 2021, as sought.

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    Comments

    Raj Kumar v. Union Of India And Others
    (Jan 4, 2021)