DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Cheshta Shankar (SQN LDR) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's posting challenges and family circumstances. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's view on transfer as service exigency. (Para 7 , 8) |
| 3. direction for pre-mature separation application handling. (Para 9 , 10) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.38743/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.12314/2021 & C.M.No.38744/2021
1. Present writ petition has been filed challenging the Signal dated 08th October, 2021 whereby the Petitioner has been posted to AFA, Dundigal, Hyderabad w.e.f. 15th November, 2021. Petitioner also seeks a direction to the Respondents to allow the Petitioner to continue her engagement at 29 Wg AF as her Last Leg posting.
2. Learned counsel for the Petitioner states that the Petitioner was posted to 29 Wg AF, Bamrauli w.e.f. 25th March 2019 on co-location grounds as her husband was posted to 4 Arty Bde.
3. He states that the Petitioner was blessed with a daughter on 16th February 2021 and duly reported back at her 29 Wg at the end of her Maternity Leave on 29th June 2021. He states that the Petitioner has another daughter who is three years old.
4. He e
In military service, transfer decisions are governed by service exigencies, which prioritize operational requirements over personal convenience.
The High Court ruled that while service transfers are generally not interfered with, discharge applications must include adequate reasoning, necessitating reconsideration of the Petitioner’s request.
Courts may not interfere with transfer as an exigency of service, but decisions denying discharge must be reasoned.
Administrative decision-making regarding spouse posting must align with established welfare guidelines protecting family integrity and child upbringing. While specific postings are not an inherent ri....
The court mandated the expeditious processing of a discharge application, highlighting the need for reasonable accommodation for personnel with disabilities and family obligations under similar circu....
The court recognized compassionate grounds in administrative decisions, allowing a personnel transfer extension due to medical necessity.
Court orders consideration of petitioner's family hardships regarding employment postings.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
The court established that co-location postings for airmen should prioritize family welfare and that tenure restrictions must align with the policies governing such postings, particularly in cases in....
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
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