Court granted an exemption and stayed a movement order transferring a CRPF personnel with a disabled child. Directions issued to DIG (Establishment) to treat the petition as a representation and decide on posting to a family station.
Exemption allowed; movement order stayed pending decision by DIG (Establishment) to consider posting to a family station.
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$~46
versus
UNION OF INDIA & ORS ..... Respondents Through Dr.Ashwani Bhardwaj, Advocate
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA O R D E R % 01.02.2017
CM No. 4203/2017 (Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
WP(C) No. 924/2017 & CM No.4202/2017 (stay)
This writ petition is directed against a movement order whereby
the petitioner has been transferred to Udhampur in Jammu & Kashmir from Gurgaon. It is stated that the petitioner has a ten year old child, who is 100% disabled and completely bed-ridden.
It is submitted that as per the policy of the CRPF, employees/personnel who are care givers of disabled children are
usually given postings in family areas. Reference has also been made to some judgments delivered by this Court whereby this Court has interfered with movement orders of personnel with disabled dependent children.
After hearing the respective parties, we direct the DIG (Establishment) of the CRPF to treat the writ petition as representation of the petitioner and take a decision thereon taking into consideration the transfer policy of the CRPF as also the judgments delivered by this Court, forwarded to him by the petitioner. The DIG (Establishment) may consider posting the petitioner to a family station.
The writ petition is disposed of.
Until such time as the decision is taken, the movement order shall be kept in abeyance.
A copy of this order be given Dasti under the signature of Court Master.
INDIRA BANERJEE, J
ANIL KUMAR CHAWLA, J
FEBRUARY 01, 2017/ mw
2 issues framed by the court
Whether to grant exemption or stay against a transfer movement order within police forces based on the petitioner's care of a disabled child.
Whether the transfer policy and relevant precedents allow posting a caregiver of a disabled child to a family station.
Sunil Kumar
Union of India & Ors.
Indira Banerjee
Anil Kumar Chawla
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
