Child’s board examinations constitute valid compassionate grounds for transfer under applicable service policy.

The Petitioner, a divorcee and an officer with the Sashastra Seema Bal (SSB), challenged a transfer order dated February 18, 2026, which rejected her request for a posting at the Force Headquarters (FHQ) in New Delhi

In a previous round of litigation (W.P.(C) 16557/2024), the Court had allowed the Petitioner to remain in Delhi until March 31, 2025, upon her filing an undertaking that she would join her posting at Pithoragarh by April 2, 2025, and seek no further extensions

The Petitioner complied with the undertaking and joined her posting at Pithoragarh

However, she subsequently filed a representation seeking a re-transfer to Delhi to support her daughter during her Class 10th and upcoming Class 12th Board examinations in 2028

The Respondents rejected this representation

1. Whether the Petitioner is entitled to a transfer to New Delhi on compassionate grounds for her daughter’s education despite a previous undertaking not to seek further extensions at that station

The Court considered the internal transfer policy of the Respondents, which provides for granting transfers on compassionate grounds for the education of children appearing for 10th and 12th Class Board examinations

The Court also balanced the principle of binding undertakings in service law against the administrative discretion to consider genuine domestic hardships

The Court observed that while the Petitioner had previously undertaken not to seek further extensions in Delhi, she had fulfilled that commitment by joining her post at Pithoragarh

The Court acknowledged the Petitioner’s status as a divorcee and the critical nature of her daughter’s upcoming Class 12th examinations in 2028

Reasoning that the Respondents' own policy recognizes Board examinations as a valid ground for compassionate transfer, the Court found it appropriate to bridge the gap between service discipline and parental obligations

However, having recently joined her current post, the Court determined she should serve at Pithoragarh for at least one year before being considered for a return to Delhi

The Court granted her liberty to submit a fresh representation in January 2027 and to fill out the electronic Transfer Application System (eTAS) form for the 2027-28 academic session

The Respondents were directed to consider such representation "compassionately/favourably" to ensure the Petitioner can be with her daughter during the Class 12th Board examination year

No immediate order for transfer was passed, but a pathway for her return to Delhi for the 2027-28 session was established