After turning down an Army officer’s request to reject his transfer order on health grounds, the Bombay High Court has asked the Army to consider his case afresh on “humanitarian grounds”. The HC wants his medical condition and other familial limitations to be taken into consideration. “In our view, such a request made on personal grounds is not to be dealt strictly in accordance with the rule. The authority is expected to consider such a request on humanitarian grounds so as to redress the genuine problems of their employees or officers,” said Justices Anoop V Mohta and V L Achliya. Colonel Anil Kumar Sharma had undergone a brain surgery and he still needs routine check-up. Nearing the end of his career, he has sought to stay in Mumbai where the operation had been performed and his family stays. [related-post] The fact that Colonel Sharma, the HC said, twice underwent a major surgery related to the brain had not been taken into consideration. The court directed the Army to give Colonel Sharma a personal hearing. The HC has said the proposed transfer might cause serious problems for the officer. “The wife of the petitioner, who is recently posted in Mumbai, may not be able to stay with the petitioner at the place of his proposed transfer,” it said. “It is to be noted that the petitioner is due for retirement in the month of July, 2017. He has rendered more than 30 years of service. His wife is recently posted at Mumbai. His children are pursuing education at Mumbai,” said the HC. Sharma has been posted in Mumbai since September 2011. After the operation, the officer was informed by his doctors that he would be required to undergo treatment and observation for the next two to three years. So, he wrote a letter on April 29, 2014, to the Integrated Head Quarters, Ministry of Defense, requesting the authority to allow him to stay in Mumbai on compassionate grounds. Sharma, though, received no response. Later, the medical board before whom he appeared declared him to be fit only for a desk job. On January 17, 2015, his request to consider Mumbai his “last leg posting” was rejected as compassionate grounds had been considered earlier. He was informed that options for medical treatment were available at other stations. aamir.khan@expressindia.com
