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 individual needs.

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 in Delhi since 05th September, 2017.

3. However, on a direction of this Court, Mr. Bhardwaj had stated that, without prejudice to the rights and contentions of the respondents, a superior officer would speak to the petitioner in a bid to amicably resolve the matter.

4. On 04th March, 2021, this Court was informed by Mr. Bhardwaj that as petitioner's daughter was going to joint Class XII in April, 2021, the petitioner would be allowed to retain her present official accommodation in Delhi till 30th April, 2022. He was directed by this Court to obtain instructions as to whether the leave that the petitioner was entitled in the years 2021 and 2022 would be granted in case the petitioner joins her duty at Guwahati.

5. Today, Mr. Bhardwaj has handed over a copy of the letter dated 17th March, 2021 written by Col.. Dir MNS (Adm). The same is taken on record.

The said letter reads as under:

"1. Ref Hon'ble Court Order on WP No 2942 of 2021 filed by Lt Col MB Roshini Vs UOI and Others dated 16 Mar 2021.

2. The details of leave which may be availed by the a/m petitioner consequent to her exercising the option of retaining the accommodation on academic grounds of her daughter while proceeding on permanent posting to 151 BH are as follows:

a) Annual Leave. 60 days annual leave is admissible in each calendar year as per Leave Rules for the Services Volume I-Army dated 01 Nov 2018.

b) Casual Leave. The maximum amount of casual leave admissible during a calendar year is 20 days. Leave upto 20 days at a time may be granted at the discretion of the sanctioning authority as per Leave Rules for the Services Volume I-Army dated 01 Nov 2018.

c) Child Care Leave. Grant of CCL to women officers in the Defence Forces will be applicable as per GoI Letter No B/33922/AG/PS-2(b)/687/D(AG) dt 04 Mar 2014 and amended vide GoI Letter No B/33922/AG/PS-2(b)/1447/D(AG) dt 14 Aug 2019.

d) Furlough Leave. As per Leave Rules for the Services Volume I-Army dated 01 Nov 2018 the period of leave admissible as furlough is two months for every three calendar years.

3. Accordingly, the petitioners has following provisions of leave for the academic session of 2021-2022:-

4. It is submitted that the competent authority to grant leave is the Comdt of the unit where the petitioner is posted and in this regard directions will be passed to 151 BH to grant leave to the petitioner as and when asked