Delhi High Court Directs Consideration of CAPF Officer's Posting Request for Aged Parent's Care
Court mandates non-arbitrary decision in transfer requests while ensuring salary release post-stay order.
The Delhi High Court, in a significant judgment dated September 11, 2025, addressed the intricacies of transfer policies within the Central Armed Police Forces (CAPF), particularly focusing on compassionate considerations for officers with aged parents. The Division Bench, comprising Justices C. Hari Shankar and Om Prakash Shukla, ruled on the petition filed by Dr. Vivek Kumar Mathur, who sought a transfer to a location with adequate hospital facilities for his 90-year-old father.
Dr. Mathur, represented by advocates Mr. Ankur Chhibber, Mr. Anshuman Mehrotra, and Mr. Nikunj Arora, contended that his current posting lacked sufficient medical facilities for his father, positioning him as the sole caregiver. The respondents, represented by Mr. Siddhartha Shankar Ray, CGSC, and Ms. Smritika Kesri, argued that there was no vested right under the CAPF transfer policy for officers to seek postings based on their parents' conditions. The policy permits such requests only in cases involving the officer's spouse or children.
The court acknowledged the policy's limitations but emphasized the need for sensitivity towards the officer's predicament. It directed the respondents to consider Dr. Mathur's request, specifically the possibility of a posting at Rampur, Uttar Pradesh, where a vacancy was reportedly available. However, the court refrained from issuing a directive, instead urging the respondents to ensure their decision was not arbitrary.
Furthermore, the court addressed the issue of Dr. Mathur's withheld salary, noting that there was no justification for non-release post the stay order on June 27, 2025. The court ordered the release of the officer's salary within two weeks, reinforcing the principle of fairness in administrative processes.
This judgment underscores the judiciary's role in balancing policy provisions with humanitarian considerations, while also ensuring procedural fairness in administrative decisions.
Bottom Line:
Transfer policy of CAPF does not provide for officers to seek postings based on the condition of their parents, though it allows for such requests in cases involving spouse or children. However, decisions regarding postings must not be arbitrary.
Statutory provision(s): Transfer policy of CAPF, Service Law
Dr. Vivek Kumar Mathur v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2783248
