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2026 Supreme(Online)(Del) 6594

IN THE HIGH COURT OF DELHI AT NEW DELHI


Judgment reserved on: 30.04.2026

Judgment pronounced on: 02.05.2026


W.P.(C) 16316/2025 & CM APPL. 66752/2025


IC-74753F LT COL MANALI SHRIVASTAVA

.....Petitioner

Through: Mr. Akshay Bhandari, Adv.

versus

UNION OF INDIA AND ORS .....Respondents

Through: Mr. Sandeep Kumar Mahapatra, Adv, CGSC, Ms. Mrinmayee Sahu, Mr. Tribhuvan, Mr. Abhimanyu & Ms. Anushka Sarraf, Advs with Lt Col Tarun Pillai, Maj Birinder, Maj Anish Murlidhar for R-1 to R-4.

Mr. S.S. Pandey & Mr. Roshan Kumar, Advs. for R-5.


CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE AMIT MAHAJAN

AMIT MAHAJAN, J.

1. By the present writ petition, the Petitioner seeks issuance of a writ in the nature of mandamus seeking quashing of the Order No. 391654/PO/MS-13 dated 18.09.2025 whereby the Petitioner was posted out of her current unit thereby discontinuing her spouse coordinated posting.

2. Succinctly put, the pertinent facts germane to the adjudication of the present petition are as follows:

2.1. The Petitioner is stated to be a serving Lieutenant Colonel in the Indian Army. Vide order dated 08.08.2024, the application of the Petitioner for spouse coordinated posting was approved, and the Petitioner as well as her spouse were both posted at Bathinda at 3 Electronic Warfare Battalion and HQ 2 Electronic Warfare Brigade respectively. In terms of the spirit of the MS Branch Policy Letter, the Initiating Officer of both, the Petitioner as well as her spouse, were intimated about the Spouse Coordinating Posting for a tenure of 2 years subject to continued satisfactory performance. The official letter dated 27.11.2024 addressed to the Commanding Officer of the Petitioner stated the following:

“1. Ref MS Branch Policy letter No 04520/MS Policy dt 12 Feb 2010 and Posting Order No 391629/PO/MS-13 dt. 08 Aug 2024.

2. IC74753 Lt Col Manali Shrivastava, SIGS has been posted to EW Bn vide ibid posting order on spouse coord for tenure of two yrs subject to continued satisfactory performance.”

2.2. In the Petitioner’s tenure, a complaint dated 28.10.2024 was preferred against the Petitioner for removing her from the post of leave sanctioning authority.

2.3. Later, a warning for initiation of Adverse CR against the Petitioner under para 120 of Army Order 05/2024/MS was issued by the Commanding Officer/Respondent No. 5 vide letter dated 19.03.2025. The same encapsulated the shortcomings on the part of the Petitioner in carrying out her work.

2.4. Subsequently, on 23.05.2025, a Performance warning was also issued by Respondent No. 5 thereby expressing displeasure on the performance exhibited by the Petitioner. The performance warning also noted that the deficiencies in the service rendered by the Petitioner during Operation Sindoor.

2.5. Thereafter, an adverse CR in respect of the Petitioner for the period between 27.09.2024 – 18.05.2025 was initiated. The said Adverse CR, however, was set aside as it did not meet the Assessment Norms. Thereafter, Annual CR of the Petitioner for the period between 27.09.2024 – 31.05.2025 was initiated and the same was accepted as Adverse CR as it had met all Adverse CR norms as promulgated vide Para 129(f) of AO 05/2024/MS. Consequently, the Petitioner was posted to 23 WEU vide posting order dated 18.09.2025. Against the said posting order, the Petitioner has preferred the present petition.

3. The learned counsel for the Petitioner submitted that the posting order is malafide and is liable to be set aside. He submitted that the Petitioner was posted on spouse coordinated posting for a minimum tenure of 2 years. He submitted that the tenure of the Petitioner had been curtailed without any reason.

4. He submitted that the posting order fails to mention the grounds on which the Petitioner was being posted to a different location. He submitted that the Petitioner was posted out merely because Respondent No. 5/Commanding Officer had a problem with her and the same is mala fide. He submitted that no reason has been given to assert how the performance of the Petitioner is unsatisfactory. He consequently submitted that the posting order is liable to be set aside.

5. Per contra, the learned CGSC submitted that the posting order is merited and warrants no interference by this Court. He submitted that the spouse coordinated posting for a tenure of two years was subject to continued satisfactory performance by the Petitioner. He submitted that a complaint dated 28.10.2024 was received against the Petitioner highlighting deficiency in service. He submitted that the warning letter dated 19.03.2025 and performance warning letter d

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