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'Bronchial asthma common in North India': Delhi HC tells Airman, junks his transfer plea

In his petition, while his posting in Agra, the Indian Air Force Airman stated that he experienced shortness of breath due to heavy cold climatic conditions and dust.

Published: 23rd November 2021 07:55 AM  |   Last Updated: 23rd November 2021 07:55 AM   |  A+A-

Delhi high court, Delhi HC

Delhi High Court (File Photo | Shekhar Yadav, EPS)

Express News Service

NEW DELHI:  Dismissing a transfer petition of an Indian Air Force Airman who claimed to be suffering from Bronchial Asthma, the Delhi High Court said that bronchial asthma is very common in North Indian and not a life threatening disease.

“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. Since in the present case, neither the petitioner nor his immediate family members are suffering from any life threatening disease, the present writ petition along with pending application is dismissed,” said a division bench of Justice Manmohan and Justice Navin Chawla.

In his petition, while his posting in Agra, the officer stated that he experienced shortness of breath due to heavy cold climatic conditions and dust. As per the writ petition, the officer was diagnosed with bronchial asthma in January 2020 and was advised to undergo treatment for the same. “Since no pulmonologist is available at Military Hospital in Agra, the treatment given by the medical specialist has not led to any improvement in his health,” said the petition.

He had sought posting on medical grounds to any other place in the southern region having a moderate climate and requisite paraphernalia at the Military Hospital.  The court also observed that the posting of officers is within the exclusive purview of the Air Force Records Office and courts are normally reluctant to interfere with the same unless and until the same is contrary to law and/or the facts of the case are ‘so gross’ that they warrant interference.

Full-fledged physical hearings resume
The Delhi High Court on Monday resumed full-fledged physical functioning which was restricted due to the COVID-19 pandemic. All the judges started holding physical hearings from Monday while continuing the hybrid system. The high court was holding proceedings through video conferencing from March 2020. Later, few benches started holding physical courts daily on rotation basis. Some were also holding hybrid proceedings, wherein lawyers have the option to attend the hearing via video conference instead of appearing in person.

On November 18, the high court issued its SOP to regulate the entry of lawyers and litigants inside the court building and said that those displaying symptoms of flu, fever, and cough shall not be allowed. In the protocol issued by Registrar General Manoj Jain, the high court has clarified that no litigant, who is represented by a lawyer, would be permitted entry unless there is a specific direction. It has also said that those coming to the high court have to strictly follow social distancing norms and wear masks at all times. The SOP also made it clear that advocates, party-in-person, and registered clerks above the age of 65 years and those suffering from co-morbidities may refrain from physically appearing in courts. 



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