YATENDAR KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail his posting to Silchar on the ground that one of his two daughters is suffering from serious ailment. The petitioner submits that his daughter - Navya, who is seven years old, is suffering from Smith Magenis Syndrome i.e. permanent intellectual disability since her birth. The petitioner further states that the petitioner's daughter is also suffering from a squint in her eyes. She is also suffering from a cardiac ailment. She is undertaking treatment at AIIMS, New Delhi. The petitioner states that the disease from which his daughter is suffering is very rare. 50% of her mental faculties are permanently impaired and the petitioner's daughter comes under the Benchmark Disability as per Section 2(r) of The Rights of Persons with Disabilities Act, 2016.

(2.) The petitioner states that his said daughter needs constant care. His wife is a housewife and she belongs to the rural area. That is stated to be the ground for claiming that the wife of the petitioner is not able to take care of the petitioner's daughter.

(3.) The petitioner does not deny the fact that he has remained in Delhi since 2012. The respondents have, however, now transferred him to Silchar considering the fact that the petitioner cannot permanently remain posted in Delhi and he must, like other members of the force, also undertake difficult posting.