Jurisdiction over premature retirement resides with the Armed Forces Tribunal, and procedural policies cannot be overridden by this Court without compelling reasons.

ORDER

[VIA VIDEO CONFERENCING]

C.M. No. 19262/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 6084/2021

3. The petitioner, a medical officer in the respondents Indian Air Force and presently posted at Delhi, has filed this petition impugning the communication dated 24th December, 2020 of rejection of her request for premature retirement and seeking mandamus to the respondents Air Force to grant premature retirement to the petitioner from 11th October, 2021, with all consequential benefits. In addition, in the petition, the order dated 3rd June, 2021, posting the petitioner to Lucknow, has also been impugned.

4. It is the case of the petitioner, (i) that she was commissioned in the respondents Air Force on 26th September, 1996; (ii) that she underwent a surgery on 3rd October, 2019, for removal of her ovaries and underwent another surgery on 23rd January, 2020, for the ailment of discharge of brain fluid through the nose; (iii) that owing to the aforesaid health conditions, the medical category of the petitioner was downgraded and the petitioner superseded; (iv) that owing to the aforesaid factors, the petitioner, on 23rd November, 2020 applied for premature retirement from respondents Air Force, with effect from 11th October, 2021; (v) that however, vide impugned order dated 24th December, 2020, the request for premature retirement from the respondents Air Force was rejected on the ground of being premature by ten months and observing that a request for premature retirement had to be made four months prior to the date from which premature retirement was sought; (vi) that vide Signal dated 26th February, 2021, the petitioner was ordered to be posted from Delhi to Allahabad with effect from 17th May, 2021; however the said Signal/posting was kept in abeyance owing to the prevalent Covid-19 pandemic; (vii) that vide order dated 3rd June, 2021, the petitioner has been posted to Lucknow with effect from 5th July, 2021; (viii) that the son of the petitioner is studying in Class XII at Delhi and his results are to be declared by 31st July, 2021 and according to the scheme announced in view of the Covid-19 pandemic, would have an opportunity to appear in the physical examination to be conducted for Class XII students; (ix) that though the petitioner made representation against her posting order to Lucknow but no response has been received; and, (x) that the petitioner, again on 21st June, 2021 has applied for premature retirement but no response has been received thereto.

5. Being prima facie of the opinion that if the request of the petitioner for premature retirement with effect from 11th October, 2021 as earlier sought, is to be granted, then the petitioner, for a short period of few months ought not to be disturbed from the place of her present posting, we have enquired from the counsel for the respondents appearing on advance notice, why should a composite decision be not taken by the respondents Air Force on the request of the petitioner for premature retirement as well as against the posting to Lucknow. It was felt that if the request for premature retirement is to be granted, posting the petitioner to Lucknow would be a futile exercise with the services of the petitioner remaining to be utilized, neither at Delhi nor at Lucknow.

6. The counsel for the respondents Air Force has contended that the principal challenge in this petition is to the rejection of the request for premature retirement