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Allahabad High Court · body

2016 DIGILAW 129 (ALL)

Chandrashekhar Singh v. Union of India

2016-01-11

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The appellant, who was a Head Constable in the Central Reserve Police Force and was posted at Phaphamau, was promoted as Assistant Sub Inspector and allotted a posting at Kolkata in 2009. A representation against the transfer to Kolkata having been rejected on 17 March 2009, a writ petition was filed. A learned Single Judge by an interim order dated 26 March 2009 stayed the order dated 11 February 2009 by which the appellant was promoted and transferred to Kolkata, only insofar as the transfer was concerned. This was on the ground that the child of the appellant suffers from cerebral palsy and was undergoing special schooling at Allahabad. Moreover, it was noticed that the appellant had spent only one year and six months at Allahabad. Eventually the writ petition was dismissed on 15 December 2015 on the ground that there was no infirmity or illegality in the order of transfer but liberty was granted to the appellant to make a representation to the Director General, CRPF upon the appellant joining at the place of posting at Kolkata. 2. The circumstances pertaining to the appellant do raise a humanitarian issue since his daughter is suffering from cerebral palsy. At the same time, the Court cannot be unmindful of the fact that since 11 February 2009, the appellant has continued to remain at Allahabad for nearly seven years in pursuance of the interim order dated 26 March 2009. The individual hardship of an employee has to be borne in mind by the employer. The appellant is a member of a disciplined force. Hence, consistent with the parameters for judicial review, we do not find any error in the order which has been passed by the learned Single Judge while disposing of the writ petition on 15 December 2015. All that we can observe in addition to what has been stated in the impugned order, is that the representation of the appellant may be sympathetically considered so that the special needs of the child of the appellant who requires special schooling as a physically challenged individual are duly taken note of. 3. The special appeal is accordingly disposed of. There shall be no order as to costs.