Naik Sunil Kumar Patel v. Union of India

1. This order is in continuation of the order dated 27.5.2016, on which date, counsel for the respondents had clarified that the petitioner’s case is being considered sympathetically by the competent authority and it has been proposed that if the petitioner joins the posting at Jaisalmer, he will be attached to Jodhpur, so that he can get a family accommodation and his eight year old child can attend Asha School, which is equipped to handle children with special needs. However, counsel for the petitioner had stated that no treatment is available for the patients suffering from Cerebral Palsy at the Army Hospital at Jodhpur. On this aspect, counsel for the respondents was directed to obtain instructions.

2. Today, counsel for the respondents hands over documents in support of her submission that the Army Hospital at Jodhpur is equipped for treatment of children with special needs and has facility of paediatric 2016:DHC:4565-DB WPC No.5025/2016 therapy available in the hospital. The said document is taken on record.

3. The present petition is disposed of with directions to the petitioner to join his place of posting at Jaisalmer. However, the respondents shall ensure that the petitioner is attached to Jodhpur so that he can get family accommodation and his child can attend Asha School, which is equipped to handle children with special needs, apart from getting treatment as required at the Army Hospital.

4. The writ petition is disposed of, along with the pending application. HIMA KOHLI, J SUNIL GAUR, J MAY 31, 2016 sk/ap