Delhi High Court: Division Bench of Manmohan and Navin Chawla, JJ., dismissed a petition for transfer request on grounds of suffering from bronchial asthma as the Court opined that the same is very common in North India.
Instant petition was filed challenging the impugned order whereby the petitioner’s request for posting on medical grounds was declined. Petitioner also sought directions to the respondents to grant posting to the petitioner on Medical Grounds at his hometown.
Further the petitioner in alternative sought for posting on medical grounds to any other place in the southern region having a moderate climate and requisite paraphernalia at the Military Hospital.
Counsel for the petitioner stated that he was posted to Agra to the Para Troopers Training School, Agra and further, she pointed out that in the year 2019, petitioner began experiencing shortness of breath and due to heavy cold climatic conditions as well as due to dust and other pollutant particles, the petitioner’s breathing issues aggravated.
Further, the petitioner was diagnosed with Bronchial Asthma and was advised to undergo treatment for the same. Since no pulmonologist was available at Military Hospital, Agra the treatment given to the petitioner by medical specialist was merely symptomatic and did not lead to any improvement in his health.
Analysis, Law and Decision
High Court stated that the posting of Airman falls within the exclusive purview of Air Force Records Office and Courts are normally reluctant to interfere with the same unless and until the same is contrary to law and/or the facts of the case are ‘so gross’ that they warrant interference by a Court in writ jurisdiction.
Bench mentioned that this Court has been entertaining the petition for transfer only in extreme cases where the Airman or his immediate family members have been suffering from life-threatening disease(s) or are disabled.
In the present matter, Court expressed that,
Petitioner is suffering from Bronchial Asthma, which is very common in North India.
In Court’s opinion, the alleged disease was not of such nature that would warrant a transfer in writ jurisdiction and since no one is suffering from a life-threatening disease writ petition along with pending application was dismissed. [CPL Sandeep Krishnan U K v. Union of India, 2021 SCC OnLine Del 5028, decided on 17-11-2021]
Advocates before the Court:
For the Petitioner:
Ms Ria Gandhi, Advocate
For the Respondents:
Kavindra Gill, GP for UOI