Wg.Cdr.Ashish Sahay vs Union Of India & Ors.
2012 Latest Caselaw 4012 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Date of Decision: 09.07.2012

+                      W.P.(C) No.3826/2012 & CM No.8022/2012

Wg.Cdr.Ashish Sahay                                 ... Petitioner

                                  versus

Union of India & Ors.                               ... Respondents


Advocates who appeared in this case:

For the Petitioners         : Mr.S.S.Pandey.

For the Respondents         : Mr.Satya Saharawat.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR.JUSTICE SUDERSHAN KUMAR MISRA

ANIL KUMAR, J.

*

In substance the case of the petitioner is that, at the very least,

the petitioner was entitled to have a tenure of atleast two years at his

current posting keeping in view the rules and regulations of his

service. During the course of arguments, counsel for the petitioner

had also submitted that in case the respondents were to withdraw

the impugned order of transfer and not to transfer him out of the

present station till the completion of his tenure of two years, he

would be satisfied.

When this matter was taken up for hearing on 3rd July, 2012,

counsel for the petitioner, prayed for time to file an appropriate

affidavit of the petitioner stating that the petitioner would have no

grievance if the respondents were to post him after the completion of

his tenure at any place as per their norms and in terms of the

applicable rules and regulations, and that he would not raise any

grievance in that regard. This has been done.

Today, counsel for the respondents states, on instructions,

that the impugned order of transfer dated 25th May, 2012

transferring the petitioner to 48 Wing stated to be located at Phaludi,

shall be withdrawn unconditionally without prejudice to their rights

to effect any further transfer in accordance with the rules after the

expiry of his tenure of two years at the current posting.

Counsel for the petitioner, on instructions from the petitioner,

who is present in person, accepts this position.

Counsel for the respondents states that these terms have been

accepted by the respondents on instructions from Sqr.Ldr.Shiva

Nand, who was competent to take this decision.

Since the terms offered by the respondents in response to the

petitioner's initial offer, have been accepted without any reservation

or condition by the petitioner, the writ petition is disposed of in

terms thereof. All the pending applications are also disposed of.

Dasti under the signatures of the Court Master.

ANIL KUMAR, J.

SUDERSHAN KUMAR MISRA, J.

JULY 09, 2012 'k'