Vipul Ganda is an Independent Litigation Counsel with over 14 years of experience and a proven track record in Litigation and Dispute Resolution.

Nand Kishor Singh Versus Union of India and Others


Court / Forum : High Court of Delhi
Citation : W.P.(C) 10813/2020
Coram : Justice Rajiv Sahai Endlaw and Justice Asha Menon
Subject : Petition against job transfer and deduction of penal rent from the emoluments.
Date of Decision : 2020-12-21

Brief Facts

  • The petitioner, a Constable (Driver) working with the respondents Central Industrial Security Force (CISF), whose wife is suffering from Hepatitis ‘B’, hypertension and diabetes, was posted to Kerala by the CISF in 2012 as per his own request to enable him to get Ayurvedic treatment for his wife. Further, the Petitioner was permitted to remain posted at Kerala till 2017.
  • In 2017, when the CISF posted the petitioner to Tamil Nadu, the Petitioner approached the Hon’ble High Court of Kerala, which though dismissed the petition but ordered that the wife of the petitioner be permitted to stay in the official accommodation allotted to the petitioner, for a period of one year.
  • The CISF deferred the order of posting of the petitioner to Tamil Nadu by one year and ultimately transferred the Petitioner on May 1, 2018. However, his wife was permitted to reside in the official accommodation for three months. However, she continued to reside in the official accommodation beyond permitted time and penal rent of Rs.4,200/- per month was deducted from the emoluments of the Petitioner, till the Petitioner vacated the said accommodation on October 12, 2020.
  • The Petitioner has filed the present petition for following reliefs:
    • impugning the deduction of penal rent from the emoluments of the Petitioner.
    • seeking refund of the amounts so deducted.
    • impugning the orders dated July 20, 2020 and July 17, 2020 rejecting the Petitioner’s representations qua his request for transfer.
    • seeking transfer of the Petitioner to a place which has a super speciality hospital, to enable the petitioner to have his wife treated.

Issues

  1. Whether the Respondents were right in deducting penal rent from the emoluments and rejecting the Petitioner’s representations qua his request for transfer.

Decision

  • The Hon’ble High Court held that the Petitioner had already approached the Hon’ble Kerala High Court with respect to the deduction of the penal rent and therefore, the Petitioner cannot now approach this Court to claim reliefs in addition to what the Kerala High Court had granted.
  • With respect to the claim of the Petitioner for posting to a city having a super speciality hospital is concerned, it was reported by Respondents that the NLC Hospital, a Government Hospital at Nevyeli, Tamil Nadu, has a Ayurvedic Treatment Centre at NLCIL Hospital and having two Ayurvedic doctors and the Petitioner can consult the said doctors for his wife’s treatment.
  • When Petitioner contended that two doctors are not enough and a super speciality hospital is required, the Hon’ble High Court observed that since 2012 has been asking for Ayurvedic treatment for his wife and now, to suit his own convenience, cannot make a claim for allopathic treatment for his wife.
  • Accordingly, the Hon’ble High Court of Delhi dismissed the Petition.

Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.