AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjeev Gupta, Member J
The grievance of the applicant is that despite his medical condition, as is evident from medical certificate annexed in the O.A., the applicant has been prematurely transferred from Udhampur to Leh in terms of order dated 29.04.2025 (Annexure A/1 to the O.A.).
It is submitted by Mr. Ravinder Sharma, learned Sr. Counsel appearing for the applicant that the applicant is suffering from seizures disorder and has been advised by Doctor to avoid high altitudes and cold climate, however, his medical condition has not been considered while issuing the impugned order, which would cause not only hardship to the applicant but also to his family. The applicant vide letter dated 20.06.2025 requested Respondent No. 3 to grant him permission for renewal of his medical through GMC and get himself examined by a Medical Board with respect to his medical condition, but the respondents by virtue of Order dated 13.09.2025 directed the applicant to undergo the medical examination by 20th September, 2025 failing which he would be relieved and movement order would be issued.
Learned Sr. Counsel for the applicant further stated that since, the applicant is willing to undergo medical examination with respect to his medical condition, the O.A. can be disposed of with a direction permitting the applicant to undergo medical examination and thereafter, the respondents be directed to treat a copy of this O.A. as representation of applicant and decide the same keeping in view the medical certificate to be obtained by the applicant. Till such time, the applicant may be protected.
Mr. Raghu Mehta, learned Sr. C.G.S.C. appearing on behalf of the respondents vehemently opposed the prayer made by the learned counsel for the applicant and prayed for sometime to file counter affidavit
Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping the instant O.A. pending and the same can be disposed of with certain directions to the parties.
Accordingly, the O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with the following directions:-
i. The applicant shall get his medical examination done as per communication dated 13.09.2025 and furnish the same to the respondents within two weeks from today.
ii. On receipt of medical certificate from the applicant, the respondents shall treat a copy of this O.A. as representation of the applicant, decide the same by passing a reasoned & speaking order keeping in view the medical certificate within a period of two weeks thereafter and take a decision with regard to posting of the applicant.
iii. Till then, the respondents shall maintain status quo as it exists on today qua the applicant
With the above direction, the O.A. stands disposed of.
No order as to costs.