Prateek Tanmay
4 min readNew DelhiJun 9, 2026 06:30 PM IST
The Gauhati High Court has refused to stay the transfer order of a CRPF constable who had cited his wife’s postpartum complications and difficulty in relocating to Odisha, stating that adequate medical facilities were available at the new place of posting.
Justice Shamima Jahan noted that the CRPF constable has served his four years at the current posting at Counter Insurgency and Anti-Terrorism School, CRPF, Silchar.
“…This Court directs the petitioner to joined at his place of posting at Orissa and that he need not worry about the medical treatment of his wife since medical facilities are available at the said place,” the June 5 order noted.
Justice Shamima Jahan dismissed a CRPF constable’s plea seeking stay of his transfer order.
CRPF’s transfer denied
- A CRPF constable serving at the Counter Insurgency and Anti-Terrorism School had been issued an order dated December 22, 2025, transferring him from his current posting to the 202-Battalion CoBRA unit in Odisha.
- The petitioner had contended that he had been discharging his duty to the best of his ability at the current posting.
- Additionally, he had informed that his wife had recently given birth and was suffering from post-childbirth issues.
- He said that due to the aforementioned reason, it was difficult for her and the family to approach his posting at Orissa.
- He filed a representation for the same that under these circumstances, his transfer be reconsidered.
- The authorities rejected his request, noting that he had served at the current posting for more than four years.
- Aggrieved constable then legally challenged the order.
Medical facilities available for mother and child
The significant issue before the Gauhati High Court was to seek instructions on whether there were adequate medical facilities available at the new place where the CRPF constable was being posted.
Central Government Counsel B Sarma informed the court that necessary medical facilities are available at the transferred place in Odisha.
The court further noted that the petitioner had already been relieved from his current Silchar posting.
In view of all the facts and contentions, the court directed the CRPF constable to join his transferred station, and observed that he need not worry about his wife’s medical treatment as adequate facilities were available in the new posting area.
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Duty doesn’t end with office hours
Recently, in another ruling, holding that paramilitary personnel cannot be denied benefits merely because they were not physically inside the workplace at the exact moment they fell ill, the Gauhati High Court has ordered the CRPF to pay ex gratia compensation to the widow of a constable who suffered a brain haemorrhage after completing duty and died later.
Justice Rajesh Mazumdar was hearing a plea filed by one Pinky Nath, wife of the late CRPF constable Gautam Nath, whose claim for ex gratia compensation had been rejected by the force on the ground that he was not on “active duty” when he suffered the medical emergency.
“The plea of the respondents (Centre and others) that he was not on active duty at the time when he suffered the medical condition is a vain attempt to deny payment of an ex gratia award. The duty of a person serving the CRPF cannot be restricted to his office hours. As already observed by the other High Courts and the Apex Court, the expression ‘on duty’ is required to be given a liberal interpretation,” the court said on May 22.
