Sudhir Chandra Ray Vs. Union of India & Ors.
EmailAppeal: Civil Appeal No. 1753 of 1988
(Arising out of SLP (C) No. 13912/87)
(Arising out of SLP (C) No. 13912/87)
Petitioner: Sudhir Chandra Ray
Respondent: Union of India & Ors.
Apeal: Civil Appeal No. 1753 of 1988
(Arising out of SLP (C) No. 13912/87)
(Arising out of SLP (C) No. 13912/87)
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: May 02, 1988
Head Note:
SERVICE AND LABOUR LAW
Transfer to a distant place on promotion – Ailing wife – After posting to the new place the appellant to be brought back.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Heard learned counsel for the appellant and learned Addl. Solicitor General for the respondents. Ordinarily, a case of this type would not be entertained under Article 136 of the Constitution, but counsel has told us that the main reason for which the appellant was prepared to forgo promotion is that his wife is a heart patient and if he is transferred to a distant place like Trichurapalli in Tamilnadu, it would be difficult for him to have the treatment of his ailing wife. Keeping the facts found by the Tribunal in the backdrop and contentions now reiterated before us, the learned Addl. Solicitor General is prepared to make an exception. The appellant has already been relieved. He should report at the new place of posting in the promotional post within two weeks. The respondents agree that all his arrear dues as payable shall be cleared forthwith. The appellant shall be brought back to Ishapur within six months from the dates of his joining at Trichurapalli in the promotional post.
3. The appeal is thus disposed of. No costs.
1. Special leave granted.
2. Heard learned counsel for the appellant and learned Addl. Solicitor General for the respondents. Ordinarily, a case of this type would not be entertained under Article 136 of the Constitution, but counsel has told us that the main reason for which the appellant was prepared to forgo promotion is that his wife is a heart patient and if he is transferred to a distant place like Trichurapalli in Tamilnadu, it would be difficult for him to have the treatment of his ailing wife. Keeping the facts found by the Tribunal in the backdrop and contentions now reiterated before us, the learned Addl. Solicitor General is prepared to make an exception. The appellant has already been relieved. He should report at the new place of posting in the promotional post within two weeks. The respondents agree that all his arrear dues as payable shall be cleared forthwith. The appellant shall be brought back to Ishapur within six months from the dates of his joining at Trichurapalli in the promotional post.
3. The appeal is thus disposed of. No costs.
