W.P.(C) 1343/2025 p. 1 $~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1343/2025 SANJAY KUMAR .....Petitioner Through: Mr. Anmol Verma, Advocate. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. V.N. Koura, Mr. Harsh Jedka, Advocates for IOCL. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 06.03.2025 CM APPL. 13726/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 1343/2025 & CM APPL. 13629/2025 (for modification of order dated 13.02.2025) 1. The petitioner-applicant has filed this application for modification of an order dated 13.02.2025, by which the writ petition directed against a transfer order dated 15.01.2025 was disposed of with the following directions: “a. The transfer order dated 15.01.2025, is not disturbed. b. The petitioner will report to the office to which he has been transferred by Monday, i.e., 17.02.2025, to complete the formalities of joining at his new station. c. However, the petitioner may apply for leave, at the maximum, until 25.03.2025, in accordance with the leave rules of the respondent. If he makes such an application, leave will be granted in the manner for which he is eligible, for the time sought by him, subject to the above maximum period. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:28:45 W.P.(C) 1343/2025 p. 2 d. I am informed that the petitioner has submitted a certificate to the respondent, stating that he is medically unfit. He will submit a fitness certificate prior to joining normal duties. e. Subject to the aforesaid directions, no coercive steps will be taken against the petitioner, pursuant to the impugned transfer order.” 2. It may first be noted that the disposal of the writ petition was by a consent order. The present application has been filed after a change of counsel, a practice which the Supreme Court has deprecated inter alia in T.N. Electricity Board v. N. Raju Reddiar [(1997) 9 SCC 736]. 3. In the modification application, the petitioner has placed on record certain medical documents, most of which are subsequent to the order dated 13.02.2025. In fact, one of the documents [at page 27 of the application] is a medical prescription dated 21.02.2025, which does not appear to relate to the petitioner at all. Mr. Anmol Verma, learned counsel for the petitioner-applicant, is unable to explain the relevance of the said document, except to say that it has been inadvertently annexed to the application. Such conduct on the part of the petitioner-applicant, at the least, displays a reckless lack of diligence, which is also to be deprecated. 4. Be that as it may, the petitioner seeks to rely upon other medical documents which do seem to pertain to his medical condition. Mr. Verma also submits that the applicant is orthopedically disabled to the extent of 40%. He relies upon the Equal Opportunity Policy [“the policy”] published by Indian Oil Corporation Limited [“IOCL”], to submit that the transfer order is contrary thereto. 5. The policy was not placed before the Court, alongwith the writ petition. The medical documents also, as stated hereinabove, are of a time This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:28:45 W.P.(C) 1343/2025 p. 3 after the order dated 13.01.2025 was passed. While a consent order is not generally susceptible to variation of the sought urged by the petitioner, I am of the view that the petitioner may be given an opportunity to make a comprehensive representation to the respondents, which the respondents may consider in their own discretion, in accordance with their policies. Mr. Verma states that if the respondents consider it necessary, he is also agreeable to examination by a medical board constituted by the respondents. 6. However, I am not inclined to modify the order so as to maintain the elements of the consent order which are in favour of the petitioner, while reopening those elements which enumerate his obligations. Such a course would, in my view, vitiate the consent which IOCL also gave. The matter has been passed over to enable Mr. Verma to take instructions. Upon instructions, he states that the petitioner would be satisfied with an order recalling the order dated 13.02.2025 in its entirety, and for the petitioner to be given an opportunity to make a representation to the IOCL. 7. The order dated 13.02.2025 required the petitioner to report to the office, to which he has been transferred, by Monday, i.e. 17.02.2025, to complete the formalities of joining his new station, after which he was given liberty to apply for leave until 25.03.2025. These arrangements were made to resolve the need articulated by the petitioner, which was that he was required to attend to his daughter, who is taking her class X examination. However, Mr. V.N. Koura, learned counsel for the IOCL, states that the petitioner has not complied with the order dated 13.02.2025, in that he has not reported to the transferred office. Mr. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:28:45 W.P.(C) 1343/2025 p. 4 Verma accepts that this is the correct position, but states that such not compliance was due to the petitioner’s medical condition. This application has been affirmed only ten days thereafter on 27.02.2025. 8. In these circumstances, the order dated 13.02.2025 is recalled. 9. The writ petition is dismissed as withdrawn, with liberty to the petitioner to make a representation to the respondents, which the respondents may consider in accordance with their own practices and policies. This Court has made no comment thereupon. 10. The application and the writ petition stand dismissed in terms of the above. PRATEEK JALAN, J MARCH 6, 2025/“Bhupi/AD”/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:28:45