Masihudin Khan v. Union of India & Ors.

Delhi High Court · 29 Jul 2025 · 2025:DHC:6235-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 11062/2025
2025:DHC:6235-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed the respondents to reconsider the petitioner's high-altitude posting on medical grounds and stayed the posting order pending a reasoned decision.

Full Text
Translation output
W.P.(C) 11062/2025
HIGH COURT OF DELHI
W.P.(C) 11062/2025 & CM APPL. 45507/2025
MASIHUDIN KHAN .....Petitioner
Through: Mr. Vivek Sheel, Ms. Deepshikha and Mr. Anshul Mahajan, Advs.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Vikrant N Goyal, Ms. Laavanya Kaushik and Mr. Arun Kumar
Yadav, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
29.07.2025 C. HARI SHANKAR, J.
JUDGMENT

1. The grievance of the petitioner in this writ petition is that he has been posted in Leh at an altitude of 11,500 ft. despite the fact that he suffers from medical conditions in which even as per the report of the respondents themselves, he is not fit for being posted in high altitude areas above 9,000 ft.

2. With consent of parties, this writ petition is disposed of with a direction to the respondents to treat the writ petition as a representation and to pass a speaking and reasoned order thereon, addressing all the issues raised in the writ petition, within a period of four weeks from today. In case the decision is adverse to the W.P.(C) 11062/2025 petitioner, its operation would remain suspended for a period of one week in order to enable the petitioner to avail legal remedies, if so advised.

3. Needless to say, till that time, the petitioner would not be required to conform to the order of posting at Leh.

4. The petition stands allowed to the aforesaid extent.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J JULY 29, 2025