Legal Advice

Balancing promotion, personal challenges, and legal considerations

Question: Sir, I am a central govt employee, from Delhi and working in CPWD. I have been transferred on promotion to Haldwani, Uttarakhand. It's been almost 13 years of my marriage and we don't have a child till now. My wife has been undergoing IVF treatment from AIIMS, Delhi since 2019. Due to COVID, the treatment was interrupted for almost 2 years. Due to some complications, IVF is not being successful and doctors are continuously working on it. If i forgo my promotion, I will be debarred for promotion for the next one year and some financial penalties will be levied by the department. I represented against my posting on medical grounds which is not conceded by the department. Please advise me what should i do? Is there any laws or policies that help me to retain in Delhi with promotion?

Advise

You have a valid reason to request to remain at your current place of posting based on humanitarian and medical grounds. Your wife is currently under the medical care of AIIMS doctors, and this specific medical facility is not available at the proposed place of transfer.

If the promoted position is available at your current place of posting, the authorities may consider extending your posting for a specified period. While transfers are generally based on administrative exigency, in special and unique situations such as yours, this exigency may be relaxed.

To pursue this matter, it is advisable to submit a representation to the competent authority, urging them to consider your request. If your representation is rejected without a valid reason, you have the option to approach the High Court under Article 226 of the constitution for the issuance of a mandamus writ. In such a case, the High Court may direct the authority to reconsider the matter afresh in accordance with its directives.

Shivendra Pratap Singh

Advocate

High Court Lucknow