Delhi High Court
Sgt Raju Muralasetti 910091-A vs Union Of India & Ors. on 29 November, 2021
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13467/2021
SGT RAJU MURALASETTI 910091-A ..... Petitioner
Through Mr.Ajit Kakkar, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Manish Mohan, CGSC with
Mr.Himanshu Pathak, GP and
Ms.Dhwani Sharma, Advocate.
% Date of Decision: 29th November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petition has been filed challenging the impugned orders
dated 6th October 2021 and 22nd October 2021 issued by the Respondents.
Petitioner also seeks direction to the respondents to change the petitioner's
posting and/or allow attachment at a nearby AF Unit for six months on
extreme compassionate grounds. In the alternative, the Petitioner seeks
directions to the Respondents to re-consider the discharge application on
extreme compassionate Grounds.
2. Learned counsel for the Petitioner states that the Petitioner is
aggrieved by the actions of the Respondents whereby the Petitioner has
been denied posting and discharge from service on extreme compassionate
grounds and the respondents have also declined to change the effective date
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:01.12.2021
16:11:50
of posting on compassionate grounds.
3. He states that the Petitioner was enrolled in the Air Force in
September 2005 and after enrolment, the Petitioner faced many family
problems. He states that the Petitioner's mother has developed several
health issues like chronic bronchial Asthma, Hypertension, fissures and
Arthritis after the demise of the Petitioner's father. He also points out that
the Petitioner has eight dependents out of which four are women and four
children for whom he is responsible.
4. He points out that amidst all this, the Petitioner's work and
responsibilities in service kept increasing and the Petitioner performed all
his duties diligently.
5. He states that the Petitioner, after serving for 16 years, sought
cancellation of his posting or grant of discharge on compassionate grounds
since his new place of posting is in a remote location, far away from his
hometown, and will be a hindrance for the Petitioner to take care of his
family.
6. He states that vide impugned order dated 06th October 2021, the
Petitioner's application seeking change of EDP was rejected by the
Respondents and vide impugned order dated 22nd October 2021, the
Petitioner's application seeking discharge from service on extreme
compassionate grounds was rejected on the sole ground that it was devoid
of merit.
7. Issue notice. Mr.Manish Mohan, CGSC accepts notice on behalf of
the Respondents. He states that the relief with regard to transfer has become
infructuous as the Petitioner has joined his new place of posting. He,
however, states that the Respondents are agreeable to pass a reasoned order
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:01.12.2021
16:11:50
with regard to the discharge application filed by the Petitioner.
8. Having heard learned counsel for the parties, this Court is of the view
that transfer is an exigency of service and the Courts shall normally not
interfere with the same in writ jurisdiction. Consequently, the prayer for
posing at a nearby AF Unit is rejected.
9. However, this Court is of the view that the order rejecting the
Petitioner's discharge application is without any reason. Accordingly, the
same is set aside and the Respondents are directed to re-consider the
Petitioner's discharge application in accordance with law by way of a
reasoned order within eight weeks.
10. With the aforesaid directions, present writ petition stands disposed of.
This Court clarifies that it has not commented on the merit of the
controversy. The rights and contentions of all the parties are left open.
MANMOHAN, J
NAVIN CHAWLA, J
NOVEMBER 29, 2021
KA
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:01.12.2021
16:11:50
