Gauhati High Court Orders Reconsideration of Army Officer's Transfer Due to Special Needs of Differently Abled Child

Court Directs Authorities to Balance Administrative Exigencies with Child's Needs for Parental Care and Specialized Treatment

In a significant judgment, the Gauhati High Court has directed the Indian Army to reconsider the transfer order of Major Niklesh Kumar Lohani, who sought a joint posting with his spouse due to their four-year-old son's severe disabilities requiring specialized medical treatment. The court emphasized the importance of balancing administrative requirements with the legal rights of differently abled dependents to have their caregiver parents present for their treatment and development.

Major Lohani, serving in the Indian Army, challenged the transfer order that moved him from Guwahati to Jaisalmer, Rajasthan. His son, diagnosed with multiple disabilities including Moderate Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder, requires both parents for effective caregiving and therapy. While the petitioner's wife's request for a joint posting was accepted, Major Lohani's representation was denied, prompting the legal challenge.

The court scrutinized the Army's posting policy for officers with differently abled dependents, highlighting that it allows for postings that cater to the medical and educational needs of such dependents. The court noted that while joint postings are not mandated, the best interests of the child necessitate reconsideration of the transfer decision.

Mr. Kardak Ete, J., presiding over the case, acknowledged the constraints faced by military authorities but stressed that the child's right to parental care supersedes logistical challenges. The judgment pointed out that the authorities had not violated the posting policy but urged them to reassess the situation given the child's special needs.

The court refrained from overturning the original transfer orders but directed the authorities to re-evaluate the petitioner's request, considering both the administrative exigencies and the child's requirements. The judgment underscores the legal framework supporting caregivers of differently abled dependents, reflecting broader implications for similar cases within military and civilian sectors.

The case reiterates the judiciary's role in ensuring that policies accommodate the unique needs of differently abled individuals, particularly minors, by balancing institutional protocols with humanitarian considerations.

Bottom Line:

Transfer and posting of Army officer with differently abled dependent child - Authorities must reconsider the grievance for joint posting of both parents at a station that provides adequate medical and educational facilities for the child while balancing administrative exigencies.

Statutory provision(s): Transfer policy for officers with differently abled dependents, Army posting policy dated 05.12.2014, Office Memorandum dated 06.06.2014.

Major Niklesh Kumar Lohani v. Union of India, (Gauhati) : Law Finder Doc Id # 2810342