AWADHESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner employed as HAV/SKT with the Army prays for quashing and setting aside of the order of his transfer and movement dated 5th May, 2010. This communication was 29th followed by letter dated July, 2010 whereby the respondents directed handing and taking over of charge by the next incumbent. It is contended that the petitioner stands presently posted with the Headquarter 5 Signal Group since 20th July, 2006. The petitioner and his wife could not have children and for this reason his wife Smt. Sima Singh has been undergoing In Vitro Fertilization + Embryo Transfer (`IVF + ET' hereafter) treatment and procedures at the Army Hospital (R&R), Delhi Cantt. For this reason the petitioner's earlier posting vide the signal dated 10th July, 2009 was postponed and his tenure in Delhi was extended by one year.

(2.) As per the report of the Army Hospital (R&R), two chances for conception by the IVF + ET are permissible. The petitioner and his wife availed the first chance on 4th January, 2008 but the procedure was unsuccessful. The petitioner and his wife did not take any follow-up treatment at the said medical facility between March, 2009 to April, 2010.

(3.) Between February to March, 2010, the petitioner has claimed that the couple had gone to Agra to a civil private gynaecologist who had successfully treated petitioner's cousin. This was also unsuccessful and thereafter the couple again reported to the Army Hospital (R&R) on 7th May, 2010. In this background, the Army Hospital (R&R) has on 7th May, 2010 initiated the infertility evaluation and treatment folder for the second trial of the said procedure for the petitioner's wife.