Smti. Usha Giri v. The Union of India and 5 Ors

ORDER

25-08-2023 Heard Mr. H. Betala, learned counsel for the petitioners and Ms. R. Devi, learned Central Government Counsel for the respondent Nos. 1 to 3 in WP(C) No. 3715/2021. Also heard Ms. S. Bora, learned Central Government Counsel for the respondent Nos. 1 to 3 in WP(C) No. 3075/2022.

¶2The petitioner of WP(C) No. 3715/2021 is a Hindi Teacher serving in the Assam Rifles High School, Lokra near Tezpur, District-Sonitpur and his wife, the petitioner of WP(C) No. 3075/2022 is a Junior Teacher also serving in the said school.

¶3It is stated that the petitioners are having disabled dependent son suffering from "Down Syndrome" (40% hearing impairment and mild mental retardation). Page No.# 4/4

¶4By order dated 09.04.2021, the authorities in the Directorate General, Assam Rifles, Shillong transferred the petitioner of said WP(C) No. 3715/2021 to 18 Assam Rifles, Chandel from Lokra High School and his wife, i.e., the petitioner of said WP(C) No. 3075/2022 to Situ.

¶5Being aggrieved with their said transfer order dated 09.04.2021, the petitioners have preferred these two petitions.

¶6On being enquired, Ms. Devi, learned CGC placed before the Court a copy of the communication dated 18.08.2023 of the Assam Rifles pertaining to both these writ petitions clarifying that as the son of the petitioners found to have been suffering from "Down Syndrome" (40% hearing impairment and mild mental retardation) and that opinion/recommendation for posting of the petitioners on medical ground i.e., on Special Child case to a Station, where the requisite medical facilities along with physiotherapy or rehabilitative therapies are available, was sought from the Medical Branch.

¶7Accordingly, the Director of Medical Headquarter, Director General, Assam Rifles recommended the posting of the petitioners to any State capital or District Headquarter in the North East region where the rehabilitative centers and mental health facilities are available.

¶8It is stated that such facilities are available at Dimapur, Imphal, Agartala, Kohima and Chardwar leaving aside Lokhra where the petitioners are presently posted.

¶9During the deliberation of the matters, Mr. Betala, learned counsel for the petitioners submits that the speech therapy is not available at Agartala.

¶10In view of the above, the respondent authorities shall do the needful with regard to the transfer and posting of the petitioners where the requisite medical facilities along with the physiotherapy and/or the rehabilitative therapies for the Special Child are available, particularly in the above noted places.

¶11With the above observation and direction, these two writ petitions stand disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010119542021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3715/2021o DHARAMoNATHoGIRIo S/OoLATEoSHIVJIoGIRI,oPRESENTLYoSERVINGoAToTHEoASSAMoRIFLESoHIGHo SCHOOL,o17oASSAMoRIFLESoC/Oo99oAPO,oLOKRA,oSONITPUR,oASSAM. VERSUSo UNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHIo110001 2:DIRECTORoOGENERAL oASSAMoRIFLES oSHILLONG oMEGHALAYA oPINo793010 3:THEoCOLONEL oRECORDS oDIRECTORATEoGENERAL oASSAMoRIFLES oRECORDoBRANCH oSHILLONG oMEGHALAYAo793011 4:COMMANDANT o17oASSAMoRIFLES oC/Oo99oAPO 5:COMMANDANT o18oASSAMoRIFLES oC/Oo99oAPO Page No.# 2/4 6:HEAD MASTER ASSAM RIFLES HIGH SCHOOL LOKRA SONITPUR ASSAM Advocate for the Petitioner : MR. R MAZUMDAR Advocate for the Respondent : ASSTT.S.G.I. Linked Case : WP(C)/3075/2022 SMTI. USHA GIRI W/O- DHARAM NATH GIRI PERMANENT RESIDENT OF SATGAON PUBERUN NAGAR UDAYAN VIHAR KAMRUP(M) GUWAHATI-781171 ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001. 2:THE DIRECTOR GENERAL ASSAM RIFLES SHILLONG MEGHALAYA PIN- 793010. 3:THE COLONEL RECORDS DIRECTORATE GENERAL ASSAM RIFLES RECORD BRANCH SHILLONG MEGHALAYA-793011. 4:COMMANDANT ASSAM RIFLES C/O- 99 APO SHILLONG MEGHALAYA-793011. Page No.# 3/4 5:MAJOR SO-2 (ADMINISTRATIVE) MAHANIDESHALAYA ASSAM RIFLES DIRECTORATE GENERAL ASSAM RIFLES RECORD BRANCH (ADM-IV CIVIL) SHILLONG MEGHALAYA-793011. 6:THE PRINCIPAL/HEAD MASTER ASSAM RIFLES HIGH SCHOOL LOKHRA SONITPUR PIN- 784102 ASSAM ------------ Advocate for : MR D K DAS Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK