Shiv Prakash v. Union of India & Ors.

Delhi High Court · 06 Jul 2011 · 2011:DHC:17796-DB
Pradeep Nandrajog; Sunil Gaur
W.P.(C)4574/2011
2011:DHC:17796-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition by a disabled BSF constable seeking exemption from transfer, holding that disability does not exempt an employee from transfer if duties do not cause hardship.

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$-15 HIGH COURT OF DELHI
W.P.(C)4574/2011
SHIV PRAKASH Petitioner
Through: Mr.M.K.Bhardwaj, Advocate
VERSUS
UNION OF INDIA & ORS. Respondent
Through: Ms.Reeta Kaul, Advocate.
CORAM:
HON'BLE MR.JUSTICE PRADEEP NANDRAJOG
HON'BLE MR.JUSTICE SUNIL GAUR
06.07.2011
ORDER

1. Petitioner who suffers a disability; being amputated below the knee (left leg) seeks compassion, pleading that he be not transferred to Kalyani, a satellite township adjoining the metropolitan city of Kolkata.

2. Suffice would it be to note that the petitioner performs duties as a PC operator requiring him to discharge his duties in a room and not go for patrolling in the field.

3. The place where the petitioner has been transferred is Kalyani a satellite township adjoining the city of Kolkata.

4. The petitioner is a constable in BSF and has been in Delhi since 2008. As per the posting policy the petitioner is required to be moved out. W.P.(C)4574/2011 Page 1 of[2] 2011:DHC:17796-DB %

5. The physical inability of the petitioner does not render any hardship to the petitioner whether he works at Delhi or at Kalyani and thus we dismiss the writ petition.

6. No costs.

7. Dasti. CM No.9281/2011 Dismissed as infructuous.

PRADEEP NANDRAJOGJ ML GAUR,J JULY 06,2011 Bisht