Question: Transferred to remote area where no medical facility available to a kidney patient. I have been recently transferred by the Director-General of ASI to a remote area which is also far away from my wife. It is distressing because my wife, who is also a state government employee, is worried about my health. I’m currently battling kidney failure and there is no one available to care for me. I have already submitted representations to my competent authority, requesting a modification of the transfer order. Therefore, in light of these circumstances, I kindly request that my situation be taken into consideration. Can I approach the high court for any relief?
Transfer is an administrative order, and it is generally not a subject matter for a judicial review. Hence, the court does not interfere with the transfer order. You are a kidney patient and at the current place of posting there is good medical facility available for you.
But at the next place of posting, where you have been transferred is a remote area and no such medical facility is available there. Your wife is also a government employee, and she has not been transferred along with you. Hence, in absence of wife you may face hassle in taking care of yourself.
These grounds are genuine, and the department may consider it with liberal approach to modify the transfer order. If the department is not willing to consider your circumstances and not willing to modify the transfer order, you can approach the high court under Article 226 for directing the department to consider your request in the light of prevailing circumstances and adopting humanitarian approach while deciding your representation.
If there is no administrative exigency, then department should modify the transfer order because you have genuine grounds to stay at the current place of posting. Hence, there is likely a good opportunity that the higher authority may consider your request with leniency.
