Cpat. Lekha Nair vs Union Of India (Uoi) And Ors.
2006 Latest Caselaw 947 Del

ORDER

1. The present writ petition is filed by the petitioner praying for issuance of a direction to the respondents to accept resignation from service as a Nursing Officer. It is the contention of the petitioner in the petition that she has submitted her resignation as the respondents have refused to re-consider her posting.

2. The issue raised in this writ petition is that the petitioner is discharging her duties as Nursing Officer and at the same time has to look-after her 5-year old son who is suffering from 'Attention deficit hyperactivity disorder'. The son of the petitioner also met with an accident in which he received third degree burns and, therefore, it has become necessary for the family to stay together. It is submitted that

3. Considering the nature of the difficulties faced by the petitioner, we had called upon the respondents to obtain instructions as to whether or not it is possible for the husband, who is also in military service, to be posted along with his wife i.e. the petitioner herein. Pursuant to our order, counsel appearing for the respondents has obtained instructions, in terms of which a choice of six places of posting, where psychiatric treatment is available for the son of the petitioner, is offered to her with the further offer that she could be posted to Chennai where such facility may not be available in the Army Hospital, but still she can opt for a posting order at Chennai to be with her husband, who is now-a-days posted at Chennai. We have accepted the aforesaid proposal of the respondents and made our offer to the petitioner to choose one. The petitioner has opted to accept the posting at Chennai, where she will be allowed to stay for a period of two years along with her husband. In case, the husband of the petitioner is transferred out for any reason before the expiry of two years period, in that event, orders shall also be passed by the respondent transferring the petitioner along with her husband to the same place so as to enable the petitioner to stay with her husband and child for a period of two years from now. We are informed that the husband of the petitioner is transferred and posted at Chennai very recently and, therefore, there may not be any possibility of his transfer from there immediately. It is, however, stated that even if the husband of the petitioner is transferred from Chennai in the near future for administrative reasons, in that event steps shall be taken by the respondents to see that the petitioner is also transferred out along with her husband to the said station.

4. In terms of the aforesaid order, the writ petition stands disposed of with a direction to the respondent to issue necessary orders as expeditiously as possible. It is also made clear that this order is passed in the peculiar facts & circumstances of the present case which are narrated hereinabove and shall not be construed as a precedent in any other matter. We may also notice the statements made by counsel for the respondents that prior to this compassionate posting of the petitioner, she had already availed of two more such opportunities in the past where she was given compassionate posting considering the disability of the son of the petitioner. It is stated that, therefore, it may not be possible for the respondents to consider such request of the petitioner for compassionate posting in future. We accept the position.

5. Copy of this order be given dusty to the counsel appearing for the parties.