Delhi High Court - Orders
Const Surender Kumar vs Union Of India And Ors on 4 July, 2024
Author: Rekha Palli
Bench: Rekha Palli
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8778/2024, CM APPL. 35760/2024-stay
CONST SURENDER KUMAR .....Petitioner
Through: Mr. Rakesh Dahiya and Mr. Aakash
Dahiya, Advs.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Nishant Gautam, CGSC with Mr.
Sanjana Mehrotra, Mr. Vinay
Kaushik and Mr. Mayank Sharma,
Advs. with Mr. M. Raja, Officer
Grade-I, Commandant, BSF and Dr.
M.P. Kohli, CMO(SG), 25 Bn, BSF.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 04.07.2024
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner assails the order dated 31.05.2024 vide which he has been directed to report at 78 th Bn BSF to which battalion he has been transferred from Delhi.
2. The petitioner having been enrolled in Border Security Force (BSF) as a Constable in 2002, was from time to time posted to different battalions all across the country including hard and extremely hard areas. In 2019, he came to be transferred to 25th Bn, BSF at Chhawala, New Delhi, i.e his This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2024 at 22:06:23 present place of posting by way of a routine chain transfer. While posted at Delhi, the petitioner was diagnosed with kidney ailments. As per the petitioner, taking into account the condition of his kidneys, he is undergoing regular treatment at Medanta Hospital, Gurugram and may be required to undergo dialysis and kidney transplant in the future. Upon the petitioner informing the respondents about his ailment, he was initially granted an extension of six months at his present place of posting but he has now been transferred to 78 Bn, BSF which is presently stationed at Srinagar, Jammu & Kashmir.
3. Learned counsel for the petitioner submits that the petitioner has vide the impugned movement order dated 31.05.2024 been directed to join 78 th Bn, BSF which is presently stationed at Neerugurage, Jammu & Kashmir and is likely to move to Guwahati after two months, without appreciating the fact that taking into account the condition of his kidneys, he has been advised to avoid cold, hilly or hard areas. He, therefore, contends that in case the petitioner is compelled to join the battalion at Srinagar, Jammu & Kashmir, he will suffer grave and irreparable injury to his health.
4. In response, learned counsel for the respondents, on instructions, submits that though the 78th Bn, BSF is presently stationed at Srinagar, Jammu & Kashmir, directions have already been issued for its movement to Cooch Behar, West Bengal and the battalion will therefore be stationed in Cooch Behar, West Bengal by the end of July, 2024. He submits that Cooch Behar, West Bengal is neither a cold, hard or hilly area. Further taking into account the recommendations made by the petitioner's treating doctors, the respondents have no objection if the petitioner instead of joining the battalion at Srinagar directly reports at Cooch Behar, West Bengal.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2024 at 22:06:23 Furthermore, they assure the Court that all appropriate medical facilities as required by the petitioner are available in Cooch Behar, West Bengal.
5. In view of this stand taken by the respondents, learned counsel for the petitioner fairly submits that the petitioner will join the battalion at Cooch Behar, West Bengal on or before 20.07.2024.
6. In the light of the aforesaid fair stand taken by both sides, nothing survives for adjudication in the present petition which is accordingly disposed of by granting the petitioner time till 20.07.2024 to report at 78th Bn, Cooch Behar, West Bengal. It is, however, made clear that though in these peculiar circumstances when the petitioner is being asked to report at Cooch Behar, West Bengal, this Court is neither interfering with the impugned transfer order nor expressing any opinion on the merits of the petitioner's claim and therefore, it is expected that in case the 78 th battalion is in the future deployed in a cold, hard or hilly area, the respondents will take appropriate steps to ensure that the petitioner is not given any such posting which is against medical advice.
7. The petition along with the pending application stands disposed of.
REKHA PALLI, J.
SHALINDER KAUR, J.
JULY 04, 2024/SU This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2024 at 22:06:24