Justice Atul Sreedharan's High Court Transfer: A Tale of Reconsideration and Compassion

In a significant development within the Indian judiciary, the Supreme Court Collegium has officially approved the transfer of Justice Atul Sreedharan from the Madhya Pradesh High Court to the Allahabad High Court. This decision, finalized on December 14, 2023, marks a crucial reconsideration of an earlier proposal, underscoring a nuanced approach to judicial postings that factors in both administrative imperatives and personal circumstances.

The journey to this transfer began with Justice Sreedharan's initial request to be moved to either the Rajasthan or Delhi High Court.

His plea was rooted in a deeply personal reason: his daughter suffers from a specific medical condition that necessitates specialized treatment, which is more readily available in Delhi. This compassionate appeal sought to ensure his presence and support during a challenging family period.

However, the Supreme Court Collegium, at its meeting on November 9, 2023, initially did not accede to his specific requests.

While acknowledging the need for a transfer, it proposed an alternative: moving Justice Sreedharan to the Calcutta High Court. This initial recommendation, while addressing the general need for a transfer, did not align with the geographical proximity required for his daughter's ongoing medical care in Delhi.

Undeterred, Justice Sreedharan submitted a fresh representation, respectfully requesting a reconsideration of the Collegium's proposal.

He reiterated the critical nature of his daughter's medical condition and highlighted the practical difficulties of frequently traveling from Kolkata to Delhi for her treatment. In a constructive suggestion, he pointed out that the Allahabad High Court would serve as a suitable and more accessible alternative, allowing him to be closer to his daughter's medical facilities while continuing his judicial duties.

Responding to this earnest appeal, the three-member Collegium, comprising Chief Justice of India D.Y.

Chandrachud and Justices Sanjiv Khanna and B.R. Gavai, carefully reviewed the matter. Their resolution, dated December 14, 2023, states that "the Collegium has acceded to the request of Justice Atul Sreedharan and resolved to recommend that he be transferred to the Allahabad High Court." This decision, it noted, was made after taking into account his request alongside the "overriding considerations of the administration of justice." It represents a balance between the functional demands of the judiciary and a humane understanding of a judge's personal challenges.

Justice Sreedharan's transfer is part of a broader series of judicial reassignments.

Concurrently, the Collegium also recommended the transfer of Justice C. Manavendranath Roy from the Andhra Pradesh High Court to the Allahabad High Court, and Justice Vivek Kumar Singh from the Allahabad High Court to the Madhya Pradesh High Court. These movements reflect the dynamic nature of judicial administration, aiming to optimize talent and resources across the nation's High Courts, while in Justice Sreedharan's case, demonstrating a notable sensitivity to individual circumstances.