Delhi High Court rejects govt employee's plea seeking quashing of transfer order

New Delhi: Delhi High Court on Saturday (December 26) dismissed a plea of a government employee seeking to quash his transfer order after the Centre assured that adequate health facilities were available for his son's medical treatment at Visakhapatnam.

A single-judge bench of Justice Jyoti Singh dismissed the plea filed by Nafees Ahmad, who has sought quashing of transfer order dated November 24 this year on the ground that his son is suffering from autism and is under treatment in Delhi. Ahmad urged the court to set aside the transfer order as it would not be advisable to transfer the petitioner at this stage.

It is also contended by counsel for the petitioner that it is the policy of the government that employees whose dependent is suffering from such diseases should not be subjected to routine transfers. Additionally, his counsel contended that the petitioner was transferred to Delhi earlier on account of his son's ill health whereby he had lost five years of his seniority and thus the transfer order be quashed.

Solicitor General Tushar Mehta submitted that petitioner is required to join at Visakhapatnam as his transfer order has been issued on account of the exigencies of service. Mehta submitted that the two-fold principles for interference in a transferred matter by a court in the exercise of judicial review are that the transfer is violative of the transfer policy and/or is mala fide.

It is contended that neither of the two grounds has been alleged. In so far as the medical condition of the son of the petitioner is concerned, Mehta submitted that the organisation is sensitised to the issue and which is why the petitioner was earlier posted to Delhi at his request. The petitioner is not being subjected to routine transfer as he has been posted in Delhi for over a decade. Mehta also submitted, on instructions, that adequate medical facilities are available for the treatment of the child of the petitioner at Visakhapatnam.

"It is no doubt true that the son of the petitioner is suffering from autism but Solicitor General Tushar Mehta has, on instructions, assured adequate medical facilities are available at Visakhapatnam and the child would not have to suffer on that count," the court said."It is also significant to note that the disease with which the child is suffering requires prolonged treatment and care and permitting the petitioner to stay in Delhi for a certain period, as prayed, will not serve the purpose.

The petitioner has an All-India Transfer Liability as per the terms of his appointment and cannot resist the transfer order once the same has been issued in the exigency of service," the court further said. The court further observed, "It is settled law that it is for the employer to decide the place of posting of the employee keeping in mind the requirement of the job and is not in the domain of the court to interfere in such decision unless it violates a statutory policy or is mala fide.

"Once the court is assured that all the required medical treatment will be available to the child of the petitioner, the court finds no reason to interfere with the impugned transfer order. Needless to state that in case the petitioner faces any medical issue at his new place of posting, it would be open to the petitioner to make a representation to the respondents for their consideration," the court added.