Decided on February 28,2007

LT.COL.R.S.VERMA Appellant
UOI Respondents


T.S.THAKUR, J. - (1.) In this petition under Article 226 of the Constitution, the petitioner prays for a writ of mandamus directing the respondents to consider his case for permanent secondment in Director General Quality Assurance on the basis of his merit and qualification. A further mandamus directing the respondents to post the petitioner to a place where the hospital has adequate Oncology, Gastroenterology and Psychiatric treatment facility, has also been prayed for.
(2.) The petitioner is serving as a Lieutenant Colonel in the Indian Army. In the year 2001, he was transferred from Delhi to DGQA, Mumbai on the compassionate ground of the illness of his son. He has now been posted out of the said organization and directed to join Head Quarter 9 Corps, EME Branch which is located in Yeol, Himachal Pradesh. The petitioner's grievance in the present writ petition is that in terms of a policy formulated by the Central Government, officers who have served with Director General Quality Assurance for a period of three years can be permanently absorbed in the organization on the basis of their merit and qualification. He claims to have made a request for such absorption in September, 2006 followed by a reminder dated 18th December, 2006. The respondents have not according to the petitioner considered that request so far. The other grievance which the petitioner has advanced in the present writ petition is against his posting to Head Quarter 9 Corps, EME Branch on termination of his posting with Director General Quality Assurance. According to the petitioner, the illness of his son entitles him to get another compassionate posting to a place where adequate hospital facilities are available.
(3.) Mr. S.M. Garg argued that the petitioner's son is a cancer patient who has been under treatment for a number of years past. It was on that basis that the petitioner had made a request for a compassionate posting to a place where adequate hospital facilities for treatment of his ailing son are available. That request has, according to the learned counsel, been ignored by the respondents while posting the petitioner to Head Quarter 9 Corps, EME Branch at H.P. which does not have proper hospital facilities. He further argued that the petitioner had applied for permanent absorption in DGQA which request too has been ignored by the respondents.;

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