"Bronchial Asthma common in North India:" Delhi High Court dismisses Airman's plea for transfer to Thiruvananthapuram

A petition filed by an airman with the Indian Air Force seeking transfer from north India to his hometown Thiruvananthapuram on account of Bronchial Asthma, was dismissed by the Delhi High Court [CPL Sandeep Krishnan UK v Union of India & Ors.].A Bench of Justices Navin Chawla and Manmohan while rejecting the plea, observed that Bronchial Asthma is very common in North India, and is not a disease of such a nature that would warrant exercise of writ jurisdiction to allow a plea for transfer."In the present case, this Court finds that the petitioner is suffering from Bronchial Asthma, which is very common in North India. The alleged disease is not of such a nature that would warrant a transfer in writ jurisdiction," the order said.The Court also held that posting of an airman falls within the exclusive purview of Air Force Records Office and courts would normally be reluctant to interfere with the same unless it was done in violation of law..The petitioner Sandeep Krishnan UK was enrolled with the Indian Air Force on April 3, 2013 as airman. While serving with the Air Warrior Drill Team, he was severely injured on his left knee during one of the drill practice sessions and soon after he got injured on the right knee as well due to which the petitioner was diagnosed with "Chondromalacia Patella"..In view of the above, his position was changed by the respondent and as a result he was posted to the Para Troopers Training School, Agra on January 15, 2018.The petitioner submitted that subsequent to his transfer, in 2019 he began experiencing shortness of breath and due to heavy cold climatic conditions as well as due to dust and other pollutant particles.His breathing issues aggravated and in 2020, he was diagnosed with Bronchial Asthma and was advised to undergo treatment for the same. Since no pulmonologist was available at Military Hospital in Agra, the treatment given to the petitioner by the medical specialist was merely symptomatic and without any improvement in his health.He, therefore, applied for a posting on medical grounds to a unit in the southern region with moderate climate conditions but the same was rejected by the Air Force Records Office.This prompted the petitioner to approach the High Court..The Court after hearing the petitioner at length decided that the instant matter doesn't merit adjudication under writ jurisdiction. The same is only available if the facts of the case are ‘so gross’ that they warrant interference by a court in writ jurisdiction."It is pertinent to mention that this Court has been entertaining the writ petitions for transfer only in extreme cases where the Airman or his immediate family members are suffering from life threatening disease(s) or are disabled," Court stated.It held that since in the present case, neither the petitioner nor his immediate family members are suffering from any life threatening disease, the plea cannot be entertained..[Read Order]