HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13249 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri Sudhir Kumar Singh, learned counsel for the petitioner and Sri S. B. Pandey, Deputy Solicitor General of India and Senior Advocate assisted by Sri Varun Pandey for opposite party No.s 1 to 7. 1. It has been submitted on behalf of the petitioner that the petitioner was working on the post of Naik in Indian Army and was discharged from the services after completing his term in the Army on 30.4.2019 and subsequently the petitioner has been re-employed at Defence Service Corps on 1.7.2021 and served in Delhi Cantt Headquarter (TGME) from 5.7.2021 to 6.10.2023, thereafter, he was posted to present unit i.e. 154 DSC Platoon attached to Head Quarter Central Command, Lucknow where by means of the impugned order dated 17.10.2025 he was transferred to DSC Platoon, Ammunition Factory Kirkee, Pune. 2. Learned counsel for the petitioner submits that his wife is suffering from Ankalyosing Spondylatis Life Long Disease and he has given representation for stay of the said transfer order and permitting him to continue at Lucknow or to post him anywhere close the Delhi so that the petitioner's wife can received treatment in Joint Replacement Center, R.& R. Hospital, Delhi Cantt. 3. Versus Counsel for Petitioner(s) : Sudhir Kumar Singh, Abhishek Singh Counsel for Respondent(s) : A.S.G.I. No. 4371591-N, Nk/Clk (Sd) Achhaiber Singh .....Petitioner(s) Union Of India Thru. Secy., Ministry Of Defence, New Delhi And 6 Others .....Respondent(s) The representation of the petitioner was duly considered by the competent authority and by means of order dated 13.6.2025, the same was rejected holding that the petitioner has already availed two compassionate ground postings and as per Para 451 (a) (iii) persons having more than eleven years total DSC service may apply for maximum one compassionate ground posting and as such, they did not find any reason to further interfere with the order of transfer. 4. Learned counsel for the petitioner while assailing the order dated 13.6.2025 has submitted that in 2016 hips of his wife were replaced in Joint Replacment Centre, R & R Hospital, New Delhi and submits that his wife is a case of locomotor disability and has been diagnosed with B/L THR with Stiff Spine and has been assessed with 60 per cent disability and, therefore submits that the respondents should be directed to take a sympathetic consideration of the entire facts and interfere with the order of transfer. 5. Sri S. B. Pandey, learned Senior Advocate appearing on behalf of the respondents has submitted that a perusal of the entire material placed by the petitioner before this Court indicates that wife of the petitioner no doubt is suffering from B/L THR with Stiff Spine. He further submits that he does not dispute either the disability certificate or the medical evidence placed on record by the petitioner but so far as medical condition of petitioner's wife is concerned there is no reason to interfere with the order of transfer of the petitioner in as much as if the petitioner joins at the transferred place of posting there the treatment of his wife shall continue and in the aforesaid circumstance prayer for dismissal of the writ petition has been made. 6. I have considered the rival contentions and perused the record. 7. The facts in the present case are not disputed with regard to ailment being suffered by wife of the petitioner that both the hips of his wife was replaced in 2016 and even subsequent thereto she has suffered from lotocomotor disability and issued certificate to this effect by Government of Delhi and Command Hospital, Lucknow but we do 8. WRIA No. 13249 of 2025 2 not find any certificate to the effect that treatment is going on from Command Hospital or New Delhi at the moment. It is also noticed that the respondents have already looked into the matter and interfered with his transfer on two occasions and accordingly in the aforesaid circumstances it cannot be said that rejection of the representation is arbitrary. It is in aforesaid circumstances that we do not find any ground for interference in the said transfer order of an officer belonging to Indian Army. Even otherwise, in exercise of the powers under Article 226 of the Constitution of India this Court would not interfere in such individual matters of transfer without there being any legal infirmity or the same being in violation of any statutory provision or rule. We find that the authorities themselves have sympathetically considered the case of he petitioner and had passed necessary orders on two occasions. Accordingly, in the aforesaid circumstances, no interference is called for in the impugned order. However, it is provided that in case the petitioner joins at the transferred place and still feels that his grievance survives it shall be open for him to file a fresh representation where adequate medical evidence and material in support thereof shall be presented and the competent authority shall duly take into account the issue of ailment of petitioner's wife and pass orders thereon in accordance with law. 9. With aforesaid directions and observations, the petition stands disposed of. 10. November 17, 2025 RKM. WRIA No. 13249 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench