Delhi High Court - Orders
Ms.Loganayagi Divya V vs Union Of India & Ors on 13 July, 2020
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rajnish Bhatnagar
$~4.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3927/2020 & C.M. No. 14050/2020
MS.LOGANAYAGI DIVYA V ..... Petitioner
Through: Mr. Jayant Mohan, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Arun Bhardwaj, CGSC with
Mr.Abhishek Sharma, Mr. Nikhil
Bhardwaj and Mr. Piyush Gaur Adv.
for R-1.
Mr. Raja Chatterjee, Advocate for R-
2/ State of West Bengal.
Mr. Soumyajit Pani and Mr.Siddharth
Jain Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 13.07.2020 Mr. Raja Chatterjee, Advocate puts in appearance on behalf of the State of West Bengal. He seeks a short adjournment to take instructions on the ground of Covid-19 Pandemic.
We may notice that the respondent no.1, i.e. Union of India issued the notification permitting change of the petitioner's cadre from West Bengal to Orissa, as early as on 12.09.2017. Respondent No.2/ State of West Bengal was directed to immediately relieve the petitioner to enable her to join the IPS Cadre of Orissa. The pandemic is only about four months old. There is absolutely no justification for the State of West Bengal in not relieving the petitioner since 12.09.2017. Pertinently, the State of West Bengal has already granted its consent to the said cadre transfer, only whereupon the notification dated 12.09.2017 came to be issued. The petitioner has delivered a child on 12.06.2020. Counsel for the petitioner states that the delivery is pre-mature and the child needs extra and special care.
In these circumstances, we grant the State of West Bengal one week's time to take steps to relieve the petitioner, failing which, the Court would be compelled to issue necessary directions on the next date of hearing. It is made clear that no further adjournment shall be granted.
List on 22.07.2020.
VIPIN SANGHI, J RAJNISH BHATNAGAR, J JULY 13, 2020/ib