Delhi High Court
Sqn Ldr Rajashree Abhiraman vs Union Of India And Ors. on 19 March, 2018
$~21.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2564/2018
SQN LDR RAJASHREE ABHIRAMAN ..... Petitioner
Through: Mr. Ajit Kakkar and Ms.Sampanna Pani,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Ms. Anjana Gosain, Ms. Rabiya Singh
and Ms. Shalini Nair, Advocates.
Wg. Cdr. Ashish Tripathi and Wg. Cdr. N. Kishore
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 19.03.2018
1. The present petition has been filed the petitioner praying inter alia for
grant of co-location posting and last leg posting to her alongwith her
husband at any unit in Delhi NCR; alternatively, the petitioner seeks
premature retirement from service with the respondents No.2 to 4/Indian Air
Force.
2. Learned counsel for the petitioner states that the petitioner was
commissioned in the Indian Air Force on 13.07.2009, as an Aeronautical
Engineer (Electrical). Between 22.04.2011 to 13.09.2015, the petitioner
remained posted at Arjangarh, New Delhi. In the meantime, her marriage
was solemnised on 02.09.2013. On 14.09.2015, the petitioner was posted at
Wadsar, Gujarat where she had continued to remain posted. Sometime in
August, 2017, the petitioner's husband, working as a Deputy Manager with
a government organization, Bharat Electronic Limited, submitted an
application to his employer for a co-location posting in the same area as his
wife, but the said application was rejected on 19.09.2017. Thereafter, the
petitioner had submitted an application to the respondent No.4 for her co-
location posting alongwith her spouse at Ghaziabad. It is stated that no reply
to the said application has been received till date.
3. Ms. Gosain, learned counsel for the respondents who appears on
advance notice, disputes the submission made by the other side and states
that immediately on receiving the petitioner's application dated 20.10.2017,
a reply was given on 20.11.2017, informing her that her request for being
co-located with her husband was not found feasible.
4. Learned counsel for the respondents submits that the petitioner is a
Short Service Commissioned Officer and her tenure of service is for 10+4
years. The first period of ten years will expire in July, 2019 and her request
for last leg posting shall be considered by the Premature Retirement Board
only one year prior thereto, in July 2018. She further states that undoubtedly,
an O.M. dated 30.09.2009 has been issued by the DoPT, Government of
India on the subject of posting of husband and wife at the same station, but
the respondents have their own policy in this regard and as per the extant
policy of co-location posting, on receiving an application in this regard, the
respondents are required to process the case by examining the individual
merits, taking into consideration factors regarding employability, career
progression, stability of tenure, manpower constraints and administrative
feasibility.
5. Learned counsel submits that in the present case, the petitioner is
manning the Automatic Data Handling System in Wadsar, Gujarat, for
which no substitute is readily available at this point in time, therefore, not
only due to manpower constraints but also on account of administrative
feasibility, she cannot be permitted a co-location posting. In so far as the
submission made by learned counsel for the petitioner with regard to grant
of premature retirement is concerned, it is stated that the said aspect shall be
considered by the Premature Retirement Board one year before the date of
her retirement i.e., after 14.07.2018.
6. In view of the aforesaid submission, we are not inclined to entertain
the present petition. However, the petitioner is granted liberty to submit a
representation to the respondents praying inter alia for grant of premature
retirement, which will be considered by the Premature Retirement Board, in
accordance with law and the decision taken, shall be communicated to her at
the earliest.
7. The present petition is disposed of.
HIMA KOHLI, J
PRATIBHA RANI, J
MARCH 19, 2018
na/ap
