NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present petition to assail the posting order dated 29.04.2019 whereby he has been posted to 121 Battalion at Kathua. He also assails the order dated 17.05.2019 whereby his request for continuing at GC GGM, due to medical condition of his daughter and himself, has been rejected. The petitioner who is serving as Constable/GD in the respondent-CRPF has been posted in the aforesaid location in Kathua. He claims that he has a daughter of about 11 years of age who is suffering from 100% disability, since she is suffering from cerebral palsy. He also claims that he himself is suffering from a back problem and his wife too is suffering from some other ailment. He has three children in all, including the disabled child. The petitioner has sought to place reliance on the office memorandum dated 06.06.2014 issued by the DOP&T on the subject of posting government employees who have differently abled dependents. Cerebral Palsy is one of the medical conditions which is defined as a disability in the said office memorandum. He also places reliance on the decision of a Division Bench of this Court in W.P. (C) 2899/2010, A.K. Verma Vs. UOI & Ors., decided on 4.06.2010 and the decision in Mukesh Kumar Vs. UOI & Ors., W.P. (C) 1133/2016, decided on 27.07.2016.

(2.) Counsel for the petitioner has also sought to place reliance on the Standing Order No.07/2015 on the subject of Transfer of Non-Gazetted (Executive/Technical/Tradesmen) Force Personnel Including Mahila Personnel. Lastly, he submits that there are many more postings available in and around Delhi, than the number of personnel seeking postings on such like grounds.

(3.) On the other hand, the submission of the learned counsel for the respondents is that the respondents have shown utmost compassion to the petitioner in the matter of his postings. He was posted between 19.07.2009 to 30.10.2014 at 122 Bn. Delhi i.e. for a period of nearly five years and 11 months. Between 30.10.2014 and 25.11.2015 the petitioner was posted at 121 Bn. in Kathua in Jammu and Kashmir, whereafter he was again posted to GC GGM Delhi from 25.11.2015 onwards, and he continues in the said posting till date.