Yatendar Kumar Sharma v. Union of India & Ors.
Case brief
What is this about?
A government employee challenge transfer to Silchar due to his daughter's disability but lacks exemption as wife is primarily caregiver; courts reject extraordinary relief however allows representation after one year.
What the court decided
A compact analysis
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.
$~17.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision:01.07.2019
% W.P.(C.) No. 6739/2019 & C.M. No. 28309/2019
YATENDAR KUMAR SHARMA ..... Petitioner
Through: Mr. K.K. Sharma, Advocate versus
UNION OF INDIA & ORS ..... Respondent Through: Mr. Dev P. Bhardwaj, CGSC
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR, J
VIPIN SANGHI, J. (ORAL)
- 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.
Issues for consideration
3 issues framed by the court
Whether a government employee can be exempted from routine transfer due to the disability of a dependent daughter.
Whether the petitioner qualifies as a caregiver exempting him from transfer under established policies.
Whether the impugned orders of transfer and posting should be interfered with.
Parties & counsel
- petitioner
Yatendar Kumar Sharma
- respondent
Union of India
Coram
Vipin Sanghi
Case details
As recorded by the court registry
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