Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request

In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.

The ruling was delivered by Justice Kardak Ete, who observed, “Ordinarily, this Court would not interfere with the posting order unless same is in violation of statutory provision and actuated with mala fides or glaringly arbitrary.”

"In the present case, having considered that the 4 (four) years old child of the petitioner is diagnosed with lifelong disease of autism and the treatment of such disease requires proper care and attention requiring the presence of both the parents and considering the legal right of the differently abled child to have the caregiver parents near him and not a legal right of the parents to have a joint posting of their choices, in my considered view, the representation of the petitioner requires reconsideration not for the point of view of the principles that may be applicable while consider the case of joint posting but on the principles of the legal right of a differently abled child to have the caregiver parents for the treatment. Thus, the representation of the petitioner and his spouse deserved reconsideration,” Justice Ete further added.

The petitioner, an Indian Army Major, had challenged his transfer from 30 Assam Battalion NCC, Guwahati to Mech Infantry, Jaisalmer, contending that his four-year-old son has been diagnosed with Moderate Autism Spectrum Disorder and 80% disability, requiring continuous specialised medical treatment and therapy. His wife, also serving in the Army as a Lieutenant Colonel, is posted at Guwahati.

Following the diagnosis, both parents sought joint posting at a station with adequate medical and educational facilities for their son. While the wife's representation was accepted, the petitioner's request was rejected on the ground of “policy constraints”.

The Court examined the Army's Posting Policy for Officers with Differently Abled Dependents and noted that while the policy mandates posting officers near appropriate medical facilities, it does not provide for joint posting as a matter of right. The Court held, “...there is no provision for joint posting… it may not be mandatory that both the parents should be posted jointly if the administrative exigency demands that the other parent be posted in a different place of posting… Thus, it cannot be held that the respondent authorities have violated the policy of posting as such.”

The High Court noted that no ground had been made out to interfere with the impugned orders. However, considering that the petitioner's four year old child had been diagnosed with a condition requiring regular medical treatment and therapy, the Court observed that the presence of both parents would be beneficial for the child's care.

Accordingly, the Court directed:, “it would be desirable, in the interest of the child, to have the presence of both the parents for such care, I deem it appropriate to direct the respondent authorities to reconsider the grievance of the petitioner for joint posting at a place having the medical and educational facilities for the best interest of the child vis-à-vis administrative exigency. It is hereby directed, accordingly.”

The writ petition was accordingly disposed of.

Case Number: WP(C) No. 2108/2025

Case Title: Major Niklesh Kumar Lohani v. Union of India & Ors.

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