Delhi High Court - Orders
Sarita vs Union Of India & Anr on 1 July, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula, Neena Bansal Krishna
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9674/2022
SARITA ..... Petitioner
Through: Mr. Pankaj Sinha, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Ghanshayam Mishra, CGSC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 01.07.2022 CM APPL. 28808/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(C) 9674/2022 & CM APPL. 28807/2022 (Directions)
1. A Writ Petition under Article 226 of Constitution of India has been filed by the petitioner for directing the respondents to retain her attachment at HFQ, BSF Hospital-II, New Delhi and to extend her period till her mother receives her treatment in Delhi and also to prohibit the respondents from undertaking any exercise of transfer of the petitioner.
2. The facts in brief are that the petitioner who is a permanent employee of Border Security Force under Ministry of Home Affairs, is currently attached with FHQ, BSF Hospital-II, New Delhi on compassionate medical grounds. A Dependent Certificate dated 29th October, 2021 has been issued by Tehsildar/SDO(C), Sonipat stating that her father Sh. Anand Prakash and Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.07.2022 15:48:02 mother Smt. Omi Devi are fully dependent on their daughter i.e the petitioner. Her mother Smt. Omi Devi is suffering from Ovary Carcinoma Advance Stage-III C and has undergone Laproscopy, Laprotomy, Cytoreductive surgery with Pelvic Peritonectomy TAH-BSO with Omentectomy, Retroperitonieal, Lymphadenectomy, Rt. Ureterectoromy.
3. The petitioner has stated that she was first attached to the FHQ, BSF Hospital-II on 06th November, 2020 on extreme compassionate ground. In October, 2021 on her written request for continuing her attachment in Delhi for one more year as her bed ridden parents were dependent upon her and required her constant supervision and support, her attachment with the FHQ, BSF Hospital-II was extended by the Competent Authority vide its letter till 31st March, 2022 on medical grounds.
4. On 17th January, 2022 the father of the petitioner Sh. Anand Prakash expired.
5. The petitioner again made a request for extension of her attachment in New Delhi in March, 2022 on account of her mother's health conditions. On 02nd May, 2022 Orders have been issued by Commandant (Medical) regarding relieving of the paramedical staff. Though, her name appears at serial number 1 indicating her posting/ detachment for CH BSF Srinagar, but she has still not been relieved. She requested a personal interview with IG/Director (Med), FHQ, BSF, New Delhi and The Director General, Border Security Force vide letters dated 05th May, 2022 and 11th May, 2022 respectively.
6. On 18th June, 2022 Office Commandant (Medical) FHQ Hospital-II, New Delhi issued a movement order in respect of the petitioner for Composite Hospital, BSF, Srinagar. After detachment from the Hospital, Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.07.2022 15:48:02 time of ten days has been given to the petitioner to join the designated office.
7. On 28th May, 2022, her mother Smt. Omi Devi was again admitted in Action Cancer Hospital and the Doctor has advised that the patient require full time attendant as she is unable to walk and is bed ridden. It was also advised that the patient require regular assistance and review after every two weeks in OPD.
8. The petitioner has asserted that her mother had again been advised to be admitted in the hospital on 25th June, 2022.
9. It is submitted that Rule No. 12 & 18(2) of the BSF Rules, 2000 provide for not transferring on medical grounds. The Rules read as under :
"12. Posting during move of Battalion- A member of the Force posted to a Battalion which is under move within or out of Frontier shall not be transferred except under rules IO and 11 and the powers to consider individual cases on medical grounds of the members of the Force or his family as certified by a Medical Board shall rest with the Director General."
10. The relevant portion of the said Rule No. 18(2) of the BSF Rules, 2000 reads as follows:
"18(2). Director General -Transfer of all personnel anywhere in the Force including turnover from/to static formation and on extreme compassionate grounds shall be approved by the Director General or the officer as may be empowered by him."
11. It is submitted that in terms of Rule 12 of the BSF Rules, 2000, the Director General has the power to consider the medical grounds of her mother, but the same has not been done. Even personal meeting though Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.07.2022 15:48:02 requested, has not been allowed by the Director General.
12. A request is made that the respondents be restrained from undertaking an exercise of transfer of petitioner and her attachment at HFQ, BSE Hospital-II, New Delhi be continued.
13. Notice of the petition issued.
14. Notice accepted by the learned counsel for the respondents.
15. Learned Central Government Standing Counsel has asserted that the petitioner is a member of disciplined forces and the extension has already been given to her thrice on account of the medical condition of her parents. The marching Orders have already been issued and she has been detached for joining her posting in Srinagar vide order dated 18th June, 2022. No ground survives for staying the transfer of the petitioner to Srinagar.
16. Submissions heard.
17. The petitioner is a member of defence forces and discipline of highest order is expected from every member of defence forces. The respondent has duly considered the medical condition of the parents of the petitioner and has given her extension thrice. Harsh as it may sound, but it cannot be over looked that the petitioner is a Nurse attached to the Hospital and the medical facilities are equally available at her present place of posting. As per the submissions of the petitioner herself, she has two brothers. The Dependent Certificate of the parents may have been issued in the name of the petitioner, it cannot be over looked that she has two brothers who are equally capable of supporting and taking care of the mother.
18. Since, the Detachment Order has already been made on 18th June, 2022 and she was expected to join her posting by 28th June, 2022, no ground exists for stay of her transfer.
Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.07.2022 15:48:0219. The petition is accordingly dismissed.
SANJEEV NARULA, J (VACATION JUDGE) NEENA BANSAL KRISHNA, J (VACATION JUDGE) JULY 1, 2022 va Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.07.2022 15:48:02