Decided on June 04,2024

HARIOM Appellant
UNION OF INDIA Respondents


- (1.)The present writ petition has been preferred against the order impugned dtd. 8/2/2024 (Annexure-7) whereby the petitioner has been sought to be transferred from 33 SU to 42 WEU i.e. from Jodhpur to Chabua (Assam) with effect from 24/6/2024.
(2.)The facts are that the petitioner was posted at Jodhpur on a co-location posting in terms of Clause 29 of the posting policy governing the Airmen. The said Clause provides that in case of a spouse employed in the Central/State Government/Public Sector Undertakings, as far as possible, the husband and wife should be posted at the same station to enable them to lead a normal family life and look after the welfare of their children, specially until the children have completed 10 years of age.
The wife of the petitioner being a teacher employed with the State of Rajasthan and they having two daughters aged 10 and 3 years respectively, on applying for a co-location posting, the petitioner was posted at Jodhpur vide order dtd. 9/2/2022 although for a restricted tenure of two years.

The petitioner moved an application for extension of his tenure at the present place of posting but the same stood rejected vide order dtd. 12/4/2024.

(3.)Learned counsel for the petitioner submitted that his tenure on a co-location posting could not have been restricted for a period of two years and hence, ignoring the same, the tenure deserves to be extended either till the daughter of the petitioner attains 10 years of age or till the completion of requisite period of 7 years as provided under the Rules.
Further, the application dtd. 19/2/2024 for extension of tenure at his present place of posting deserves consideration on compassionate grounds too, his mother being suffering from gum cancer and his father too suffering from old age ailments. He being the only son, is required to take care of his parents at this stage of life.

In support of his submissions, learned counsel relied upon the judgments passed by Co-ordinate Bench of this Court in Anil Kumar Vs. Union of India and Ors.; S.B. Civil Writ Petition No.4687/2022 (decided on 14/7/2023) as affirmed by the Division Bench in D.B Special Appeal Writ Petition No.841/2023 vide judgment dtd. 2/2/2024 and judgment passed by this Court in Surendra Kumar Vs. Union of India and Ors.; S.B. Civil Writ Petition No.4794/2024 (decided on 4/4/2024).

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.