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DELHI HIGH COURT
MANMOHAN, ASHA MENON
M.B. Roshini – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral):--Present writ petition has been filed with the following prayers:
"a. Issue a Writ of Certiorari for quashing of the order dated 20.01.2021 to the extent whereby the Petitioner has been posted out to 151 Base Hospital, Guwahati, Assam as GD Matron and of the signal dated 24.02.2021 whereby the request of the Petitioner, regarding extension of tenure on the grounds of children's education, submitted by the Petitioner has been rejected; and
b. Issue a Writ of Mandamus directing the Respondents to allow the Petitioner to continue at the current place of posting by deferring the order dated 20.01.2021 for a period of 01 year, i.e. till the time the Petitioner's daughter completes her XII class in view of the posting policy issued by the Respondents on 19.02.2014 and 25.04.2018 and also keeping in mind the facts and circumstances of the Petitioner; and
c. Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case."
2. On the first date of hearing, Mr. Arun Bhardwaj, learned counsel for respondents had pointed out that the petitioner had been repeatedly seeking and getting extension of tenure
Leave in the Armed Forces is not an absolute right; however, considerations for personal circumstances, such as education, warrant a liberal approach, ensuring service exigencies are balanced with in....
The principle of justice and compassion influenced the court's decision to grant an extension of the joining period due to the petitioner's wife's medical condition.
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
A superseding policy that has not been challenged negates the validity of prior policy claims in judicial review of administrative decisions.
The court directed the petitioner to make an appeal before the concerned authority, to be considered on compassionate grounds and disposed of within a specified period.
Government employees do not have a vested right to their posting location; transfers are within employer discretion to maintain administrative balance.
The court upheld the necessity of due process and adequate time for accommodation for a public servant facing termination, affirming the rights connected to employment and housing during legal disput....
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