This order disposes of a writ petition by a BSF Head Constable seeking retention in Delhi due to his daughter's disability. The court accepted the department's decision to post him at Chandigarh and dismissed the petition on this basis.
The petition was disposed of based on the petitioner's acceptance of the new posting at Mohali, Chandigarh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SHAMBU DAYAL ..... Petitioner Through: Mr. Siju Thomas, Mr. Rohit Adlakha & Ms. Shilpa M. George, Advocates
versus
UNION OF INDIA AND ANR. ..... Respondents Through: Mr. Vivek Goyal, CGSC & Mr. Priyank Khattar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R % 12.05.2016
W.P.(C) 3213/2016
Page 1 of 3
his proposed place of posting at 34 Battalion, West Bengal. He had submitted that owing to his daughter’s condition, his posting in New Delhi had been extended till 31st March, 2016, whereafter a representation was submitted to the respondents to consider a recommendation dated 17th March, 2016 made by the Ministry of Home Affairs to the BSF for retaining him in Delhi, but no decision has been taken by the respondents so far.
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W.P.(C) 3213/2016
HIMA KOHLI, J
SUNIL GAUR, J
MAY 12, 2016
r
Page 3 of 3
W.P.(C) 3213/2016
1 issue framed by the court
Whether the petitioner is agreeable to a new posting at Mohali, Chandigarh, as per the department's letter dated 11th May, 2016.
Shambu Dayal
Union of India
Hima Kohli
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
