IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 2143 of 2009. Date of Decision : April 22, 2010. Jaipal Singh ...... Petitioner . Versus. Union of India and others ..... Respondents . CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajeev Anand, Advocate, for the petitioner. Ms. Geeta Singhwal, Central Government Counsel, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). Heard counsel for the parties. Counsel for respondents states that as per the policy of respondents, a Constable cannot be kept at the place of his posting beyond the period of three years. The petitioner has already stayed at Pinjore for more than six years by now and, therefore, cannot be kept here continuously without any reason especially when the writ petition was filed primarily on the ground that he was to be operated upon, which operation had already been conducted on 25.11.2009. Now, only follow up treatment is in progress. She states that all the facilities for follow up treatment would be provided to the petitioner at the place of his posting. She further states that, as of now, the Battalion is posted in Jammu, and there also, all efforts would be made to provide him all the facilities, so that he is not put to any dis-advantage or difficulty. She further states that the petitioner would be given light duty at the place of his posting. C.W.P. No. 2143 of 2009. -2- In the light of what has been stated by counsel for respondents, counsel for the petitioner states that his follow up treatment is going on from P.G.I., Chandigarh. If need be, the petitioner may be given the facilities to approach the P.G.I. Chandigarh, for the proper treatment, which is also not disputed by counsel for respondents. Petitioner's counsel submits that the tenure postings are under normal circumstances and the petitioner is facing an extra ordinary and exceptional situation. Counsel for the petitioner refers to para-4 of Civil Miscellaneous application No. 5516 of 2010, where certain observations made by the Director General during a conference, held in New Delhi, on 23.09.2009, have been reproduced, which reads as follow :- “DG expressed that there are certain court cases which we have unfortunately taken up. We come across a case where a person's leg has been amputated and was asked to go to a battalion. He kept making representations but we have taken a stand and we keep standing on our stand everybody keeps contesting it ...... I appreciate that under pressure of time and work, wrong decision is taken. But we should try and see at least in such cases where men are really suffering we should not take wrong decision. Some compassion is a must. I keep telling my officers in Pers. Branch that compassion is a must and must show to the extent possible. We should not stick to the absolute rule bound things. These kinds of things we should look out at our level. We should accept it that we have taken a wrong decision. Cancel such people's transfer order and tell him to withdraw the application from the Court. Even if you have taken a wrong decision, please go through the case that you have. Review them and set it right.” On the basis of these observations, counsel for the petitioner states that the petitioner would make a detailed representation to respondents, C.W.P. No. 2143 of 2009. -3- who may be directed to consider the same sympathetically and pass appropriate orders. Prayer made by counsel for the petitioner is accepted. In case, the petitioner makes a representation to the respondents within a period of three days from today, the same shall be considered and decided expeditiously. It is made clear that the disposal of the writ petition shall not in any manner confer any right on the petitioner for remaining posted at Pinjore. The present writ petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE April 22, 2010. sjks.