Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Times of India
The Times of India
National
Rosy Sequeira | TNN

No further Bombay HC relief for army officer with disabled teen son

MUMBAI: Observing that an army officer with a disabled child was not reasonable despite having stayed in Mumbai for over a decade, Bombay high court “forthwith” vacated the stay on his transfer.

“He ought to realise that there are other officers (over 100) waiting in the queue for a posting in Mumbai on similar grounds,’’ said Chief Justice Dipankar Datta and Justice Makarand Karnik.

On Thursday, they allowed a plea by the Military Secretary Branch (MSB) to vacate a November 2017 stay and disposed of the Lieutenant Colonel’s petition as infructuous by efflux of time. The officer had insisted on remaining in Mumbai as his eldest son has 100% multiple disabilities and because of treatment. In February 2016, the HC stayed the transfer but in December 2016, it vacated the stay. In November 2017, the Supreme Court confirmed the stay.

Relying on the officer’s representation to remain in Mumbai till 2020, MSB’s advocate BB Sharma said he has overstayed. The officer’s advocate Kranti LC urged that since he has 2 years to retire, he may be posted to Hyderabad or continued in Mumbai.

“We are not insensitive of the child’s needs, for the Almighty has not been too kind to him. We are conscious that he would require the constant presence and support of his parents. But we are equally conscious that sentiments or sympathy cannot form the basis for exercise of writ jurisdiction,’’ said the judges.

The judges said as an officer associated with the defence of the country, they expected him “to be rational in his approach and actions and place national interest in the forefront” but he “lacks fraternal feelings.”

Sharma said the boy will be 18 years old next month. His father, who for the last 19 years is posted in Maharashtra only, should be posted as per transfer policy and not his choice. Taking note of a medical opinion that the boy’s condition is “non-progressive and not likely to improve”, the judges added that there are special institutes in other cities. They said the officer must let MSB deal with his posting and not the court.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.