Jharkhand High Court Extends Transfer Order of CISF Personnel Under Special Circumstances

Introduction

The Petitioner approached the court for a stay on transfer order and subsequently for a  relieving order for one year. The reasons provided for the same were to provide extra care to his wife on account of her I.V.F. technology delivery due and the doctor’s advice on special care.

Facts

The Petitioner was a CISF personnel, currently posted at CISF Unit, UCIL, Jadugoda, East Singhbum and his wife conceived a child through I.V.F. Technology at Jamshedpur. The delivery was due after 3 months. The doctors of I.V.F. Technology advised special care to the wife due to her body weakness. Complete bed rest was prescribed. The Petitioner filed the case against the transfer order and asked for a stay of 3 months on such order.

Petitioner’s Arguments

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The learned Counsel representing the Petitioner argued that the Petitioner is well aware that transfer orders are usually not interfered with by the Hon’ble Court, but in the present scenario and due to special circumstances, the Petitioner’s prayer is fit to be entertained on the specific ground that, according to the advice of his doctor, his wife requires complete bed rest and he is the only person who can look after her, and as such, the transfer order may kindly stay for three months only.

Respondent’s Arguments

Learned ASGI vigorously refutes the Petitioner’s argument, claiming that the order of relieving had already been altered and that the Petitioner had been invited to join the transferred job on or before the delivery date. However, under exceptional situations, such as the Petitioner’s wife’s Ultrasound 2 report indicating that the projected date of delivery is 02/11.09.2021, the Petitioner may apply for the extension of his relieving period for three months only. The Petitioner may approach the Competent authority for the same.

Court’s Observation and Decision

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The Court observed the fact that the transfer is an occurrence of duty, the Petitioner, as a member of the Paramilitary Force, is required to maintain discipline and should obey the superior authority’s orders. The Court observed that the Petitioner is the only one to look after his wife. Therefore, in light of the foregoing, the Court directed the Petitioner to file a new representation with the Competent Authority, i.e., Respondent No. 3, within three days of the order, together with a copy of this Order. Following receipt of the same, Respondent No.3, directed by the court, shall give sympathetic consideration to the Petitioner’s case and issue an appropriate order staying the Petitioner’s relieving order until the first week of October’s 2021, and the date may be set for relieving the Petitioner for joining the transferred place after the first week of October 2021. The Court also mentioned not to take the order as precedent in transfer order because of the special circumstances.

Click here to view the Judgement.


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