(A) Constitution of India, 1950 Article—14&226—Service law—Cadre bifurcation—Withdrawal/change of option—Petitioner is serving as Staff Nurse and submitted representation for cancellation of her cadre bifurcation allotment due to unforeseen compelling personal circumstances—Rejected—notification providing a specific mechanism for filing objections/representations confers a corresponding obligation on the authority to consider such representation on merits—
Held—That, Grievance Redressal Committee cannot refuse consideration by relying on subsequent executive instructions contrary to the parent notification. (Paras 21&22)
(B) Constitution of India, 1950 Article—14&226—Service law—Autism of dependent child—Compassionate consideration—Held—That, the serious medical condition of dependent child suffering from Autism Spectrum Disorder requiring continuity of care, environment and medical supervision constitutes a genuine and relevant ground for reconsideration of cadre allocation—Mechanical enforcement of option exercised earlier, ignoring subsequent compelling circumstances, held arbitrary—Impugned orders quashed and employee directed to be retained at original place of posting. (Paras 23,24&25)