Amit Srivastava vs Indian Oil Corporaiton Ltd & Ors.
2022 Latest Caselaw 903 Del

$~36
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: March 29, 2022
+      LPA 226/2022
       AMIT SRIVASTAVA                                 ..... Appellant
                          Through    Mr. Jawahar Raja, Ms. Meghna De,
                                     Mr. Archit Krishna and Ms. Varsha
                                     Sharma, Advs.
                          versus


       INDIAN OIL CORPORAITON LTD & ORS.                .... Respondents
                          Through    Mr. Rajiv Shukla and Mr. Sanjay
                                     Kumar, Advs. with Mr. Shubham
                                     Jain, Sr. Manager for respondents

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                         J U D G M E N T (oral)

CAV. 65/2022

1. Respondents/ caveators have entered appearance through Counsel.

2. Caveat is discharged.

LPA 226/2022 & CM APPL. 14681/2022

3. The present Letters Patent Appeal has been preferred under Clause 10

seeking setting aside/quashing of Judgment and Order dated 08.03.2022

passed in W.P. (C) No. 3896 of 2022; quashing of transfer order dated

02.03.2022 in respect of the appellant at Sr. No. 23 at page no. 11 under the

head of Marketing Division being arbitrary, malafide and in violation of

Office Memorandum dated 08.10.2018. In addition, direction is also sought

to the respondents to exempt the appellant from the routine exercise of

transfer/rotational transfer in the interest and well-being of the specially

abled child in terms of the Office Memorandum of the Government of India

dated 08.10.2018.

4. According to appellant, he was working at Air Force Station Hindon,

Ghaziabad, U.P. and now he is transferred to R & D Centre Faridabad,

Haryana. The main ground raised in the present appeal is that appellant's

elder son, namely, Mr. Shreyas Srivastava, aged 21 years, is suffering from

Intellectual Disability 50 % (Autistic Spectral Disorder) since his birth.

5. Learned counsel for appellant submits that during posting of appellant

at Air Force Station Agra, U.P., his son was 9 years old and he started

showing signs of abnormality in terms of comprehension and stubbornness.

For treatment of his son, appellant requested the respondents to post him to

Air Force Station Hindon, Ghaziabad as his son was being treated at 11 Air

Force Hospital, Ghaziabad under the supervision of senior doctors and

presently, he is showing signs of improvement and has been recommended

for treatment under strict medical supervision for the next 3-4 years. It is

further submitted that appellant had made representation to the respondents

in October, 2020 and October, 2021 for retention of his posting at the

current posting place i.e. Hindon, Ghaziabad, however, the said

representations have not been decided till date. Learned counsel next

submits that on 02.03.2022 respondents have transferred the appellant from

Air Force Station Hindon to R&D Centre Faridabad in violation of O.M.

dated 08.10.2018 whereunder posting of government employees who have

specially abled dependents shall be exempted from routine/rotational

transfers. Learned counsel for appellant has submitted that when appellant

was posted at Hindon Airport base, Ghaziabad , U.P. it was easy for him to

take his child to the hospital for his regular treatment.

6. Aggrieved against the impugned transfer order, appellant had

preferred a petition being W.P. (C) No. 3896 of 2022 before this Court,

which stood dismissed vide order dated 08.03.2022.

7. We have perused the impugned order passed by learned Single Judge.

It is not in dispute that from Hindon Airport base, Ghaziabad, U.P, the

appellant has been transferred to R & D Centre Faridabad, which is nearest

station. It is also not disputed that the distance of both the places of posting

i.e. Hindon Airport base, Ghaziabad, U.P as well as R & D Centre Faridabad

is equal from appellant's residence. It is also not disputed that if appellant

and his family members approach the Air Force Hospital at Hindon,

Ghaziabad, U.P., for treatment of the child, the authorities will not object to

give treatment. Accordingly, we find no illegality or perversity in the

impugned order passed by learned Single Judge. However, we hereby make

it clear that Air Force Hospital at Hindon, Ghaziabad, U.P. shall allow the

appellant, his family members and his specially abled child, if they approach

for treatment. It is further made clear that if the specially abled child,

namely, Shreyas Srivastava, is escorted by any person other than appellant

or his family members, even then the child of the appellant shall be allowed

to have treatment from the said hospital.

8. The employer of the appellant shall provide all access and complete

all the formalities without any delay which are required by appellant, his

family members, specially abled child of the appellant and his attendant to

get the access to Air Force Hospital Hindon, Ghaziabad, U.P..

9. With aforesaid directions, the present appeal is disposed of.

10. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE MARCH 29, 2022 rk