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REKHA BORANA
Hariom S/o Shri Jagdish – Appellant
Versus
Union Of India, Through Secretary, Ministry Of Defense, Raisina Hills, South Block, New Delhi – Respondent
JUDGMENT :
Rekha Borana, J.
1. The present writ petition has been preferred against the order impugned dated 08.02.2024 (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 24.06.2024.
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 dated 09.02.2022 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 d
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 established that the discretion of military authorities in transfer matters is broad, and judicial interference is limited unless there is a clear violation of law or evidence of mala fides....
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....
Judicial interference in employee transfers limited unless mala fide or statutory violation; administrative guidelines not enforceable rights.
Transfer rejection invalid for non-application of mind where authorities ignore child's severe disability, DoPT compassionate guidelines, and departmental policy's personal circumstances clause despi....
Spouse posting policy requires specific reasons for denial; vague 'public interest' insufficient, allowing promotion relinquishment for retention.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
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