The excessive courtroom famous the conclusion of the medical board, which examined the official’s spouse, and her assertion that they are not looking for to go Ladakh at this stage as they’ve a baby with them.
The courtroom mentioned this leaves little doubt that simply to stall his transfer, the petitioner had gone to the extent of contending that his spouse was affected by postpartum despair and “is a menace to her toddler son”.
A bench of Justices Manmohan and Asha Menon dismissed the petition being bereft of deserves and vacated its interim order of placing a keep on the official’s transfer order.
The authorities had earlier issued the transfer order directing the Indo-Tibetan Border Police (ITBP) constable to transfer to 37 Bn Leh, Ladakh and the date of becoming a member of was March 17.
“The petitioner is directed to be a part of his new place of posting as expeditiously as potential however not later than one week. In the occasion, the petitioner doesn’t be a part of the mentioned posting, the respondents shall be at liberty to take applicable motion towards the petitioner in accordance with regulation,” the bench mentioned in its March 25 order.
The official had challenged his transfer order relying upon an workplace memorandum of October 8, 2018, which handled the posting of authorities workers who’ve differently-abled dependents.
The plea mentioned a son was born to the official in January final 12 months and instantly thereafter his spouse began exhibiting signs of despair and claimed that she was recognized with postpartum despair persona dysfunction and now he was the first care giver of his one-year-old little one.
It mentioned the official despatched a letter to the authorities requesting for keep of his transfer and to enable him to proceed in and round his current posting as a result of of the mental health of his spouse and the necessity to take care of the kid. However, no reply has been obtained from the authorities until date, it claimed.
In pursuance to the courtroom’s earlier order, a medical board was arrange by the authorities, comprising two psychiatrists and a gynaecologist at Base Hospital, ITB Police at Tigri Camp right here.
The board had opined that the girl was at the moment sustaining effectively and no depressive options have been famous.
“From the aforesaid report, it’s obvious that the petitioner’s spouse is main a traditional wholesome life.…
“Consequently, maintaining in view the clear and categorical opinion of the medical board constituted by this courtroom and that too with the consent of the petitioner, this courtroom is of the opinion that the spouse of the petitioner is neither depressed nor affected by any mental health concern,” the bench mentioned.
“In reality, the conclusion of the medical board in addition to petitioner’s wife’s conduct of not reporting again to the medical board and her candid assertion ‘Ladakh nahi jaana, abhi bacha haina sath me, Noida principal hello rehne do’ leaves us in little doubt that the petitioner simply to stall his posting/transfer had gone to the extent of contending on the final date of listening to that his spouse is affected by postpartum despair and ‘is a menace to her toddler son’,” the bench mentioned.