ARAVENDRA KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the movement order dated 14.11.2015 which asked him to report to Pathankot. He states that his 12 year old daughter suffers from multiple disabilities i.e. Global Developmental Delay with severe Mental Retardation to the extent of 90%.

(2.) The petitioner has annexed copies of the medical reports of his daughter which show acute disability to the extent of the child's inability to perform activities of daily living without command, motor restrictions affecting all the limbs and developmental delay. She is under the active treatment and management of the Army Hospital (Research and Referral, Delhi Cantt.). The petitioner states that she is undergoing rehabilitation in the special "Asha School" and that taking her out of the familiar environment is likely to impede and endanger her further progress.

(3.) He relies upon the previous order of this Court dated 10.09.2014 in W.P.(C) 5097/2014 whereby this Court had recorded the withdrawal of the previous posting order on compassionate grounds. Learned counsel relied upon the policy dated 09.04.2012 (regarding posting of JCOs/OR with paraplegic/spastic/differently abled children for specialized treatment) which recommends that in cases where army personnel are parents of spastic/paraplegic/differently abled children who require special medical attention, they should be given special accommodation. Para 2 (d) of the policy particularly provides as follows: