Bhisham Singh vs Union Of India & Ors.

Hon’ble Mrs. Manjula Das, Chairman

The applicant in this OA filed under Section 19 of the Administrative Tribunal Act, 1985, is aggrieved by the impugned transfer order dated 20.04.2022 whereby he has been transferred from Delhi to Mizoram. The applicant in this regard has submitted a representation dated 21.04.2022, requesting for transfer to some other segment of the AGMUT cadre other than Mizoram on the ground of his ill health. 2. It is stated that the applicant suffered a major seizure attack on 06.08.2019 and was diagnosed with brain tumor in the left frontal lobe with mass effect and midline shift. He was accordingly admitted in the Indraprashtha Apollo Hospital, New Delhi and was operated upon on 18.08.2019, and was advised for a regular follow up that may require urgent medical attention in case of any post-surgical complication. It is the case of the applicant that the place of posting, i.e., Mizoram, where he is sought to be transferred does not have adequate medical infrastructure in case of any problem occurring due to post-surgical effect in brain. He has also stated that adequate medical facilities at par with AIIMS & Indraprastha Apollo Hospital, Delhi are available at few other segments of AGMUT, like Chandigarh, Goa and Pudducherry where the applicant could be posted in case of extreme exigency. He, therefore, prayed that his case for transfer to any other segment of AGMUT cadre other than Mizoram, may be considered sympathetically keeping in view his medical condition while considering his representation. 3. Mr. Sudarshan Kumar and Mr. Amit Yadav, learned counsel for the respective respondents appeared on advance service and submitted that they have no objection if a direction to the extend, as mentioned above, is given to the respondents. 4. In view of the limited prayer made by the learned counsel for the applicant, without going into the merit of the case, we direct the respondents to consider the representation of the applicant dated 21.04.2022 against his transfer on medical grounds as he has been treated for brain tumor and seizure attack at Delhi, within a period of four months from the date of receipt of a copy of this order. Till such time, the applicant shall not be disturbed from his present place of posting at Delhi. If he has already been relieved, he shall be allowed to render his service at Delhi. This interim order shall be effective for further ten days so that he may be able to approach this Tribunal if he is not satisfied with the decision of the authority on his aforesaid representation. 5. With the above direction, the OA stands disposed of. There shall be no order as to costs.