0

This Court has been entertaining the writ petitions for transfer only in extreme cases where the Airman or his immediate family members are suffering from life threatening disease(s) or are disabled.: Delhi High Court

This Court is of the view that posting of Airman falls within the exclusive purview of Air Force Records Office and Courts are normally reluctant to interfere with the same unless and until the same is contrary to law and/or the facts of the case are ‘so gross’ that they warrant interference by a Court in writ jurisdiction as upheld by the High Court of Delhi through the learned bench led by Justice Manmohan in the case of CPL Sandeep Krishnan UK v. Union of India & Ors. (W.P.(C) 12946/2021 & C.M.NO.40778/2021).

The brief facts of the case are that the Present writ petition has been filed challenging the impugned orders dated 26th February 2021 and 28th. In the alternative, Petitioner seeks posting on medical grounds to any other place in the southern region having a moderate climate and requisite paraphernalia at the Military Hospital. In May 2021, Petitioner’s request for posting on medical grounds was declined. Petitioner also seeks directions to the Respondents to grant posting to the Petitioner on Medical Grounds at his hometown i.e., Thiruvananthapuram.

Learned counsel for the Petitioner states that the Petitioner was enrolled in the Indian Air Force on 3rd April 2013 as an airman. She states that the Petitioner, while serving with the Air Warrior Drill Team, was severely injured on his left knee during one of the drill practice sessions and soon after he got injured on the right knee as well due to which the Petitioner was diagnosed with “Chondromalacia Patella” and was placed in medical category A4G4(p). She states that subsequently the Petitioner’s trade was changed by the Respondents to Adm. Asst. and he was posted to the Para Troopers Training School, Agra. She points out that the Petitioner was diagnosed with Bronchial Asthma w.e.f January 2020 and was advised to undergo treatment for the same. She states that since no pulmonologist is available at Military Hospital, Agra, the treatment given to the Petitioner by the medical specialist is merely symptomatic and has not led to any improvement in his health. January 2018.

After the perusal of the facts and the arguments by the learned Counsel for petitioner, the Hon’ble Court held, “In the present case, this Court finds that the Petitioner is suffering from Bronchial Asthma, which is very common in North India. The alleged disease is not of such a nature that would warrant a transfer in writ jurisdiction. Since in the present case, neither the petitioner nor his immediate family members are suffering from any life threatening disease, the present writ petition along with pending application is dismissed.”

 Click here to read the Judgment

Judgment reviewed by Vandana Ragwani

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat