Delhi High Court
Sgt Barun Kumar Verma 788258T vs Union Of India & Ors. on 5 October, 2021
$~S-39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11339/2021 & CM APPLs. 34911-912/2021
SGT BARUN KUMAR VERMA 788258T ..... Petitioner
Through: Ms. Ria Gandhi, Advocate for
Mr. Ajit Kakkar, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Abhay Prakash Sahay, Advocate
with Ms. Mannu Singh, Mr. Kunal
Dhawan and Ms. Swayamprabha,
Advocates.
% Date of Decision: 05th October, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. The petition has been heard by way of video conferencing
2. Present writ petition has been filed challenging the posting order dated
20th July, 2021. Petitioner also seeks directions to the Respondents to grant
posting on compassionate/ medical grounds at any place having both civil and
service hospitals with proper medical infrastructure.
3. Learned Counsel for the petitioner states that the petitioner was
enrolled in the Indian Air Force as an Airman and has served diligently at
several postings for more than fifteen years. She states that the
petitioner has been wrongfully deprived of posting on compassionate/ medical
grounds by the respondents without assigning any valid reason for the same.
W.P.(C) 11339/2021
Digitally Signed
By:KRISHNA BHOJ
Signing Date:06.10.2021
20:15:02
4. Learned Counsel for the petitioner states that the petitioner's
mother is suffering from Carpal Tunnel Syndrome, Cervical Spondylitis and
Rheumatoid Arthritis and has been undergoing treatment for the same
since the year 2018. She states that the mother is also due for surgery
since the past two years but couldn't undergo the same as no other family
member is available to look after her and the petitioner cannot take leave
frequently. She further states that the petitioner's wife was also
diagnosed with Epilepsy and Seizure disorder in February, 2020 and Cervical
Spondylosis in July, 2020.
5. Learned counsel for the petitioner states that both the mother and wife
of the petitioner need constant medical supervision and assistance. She states
that due to the foregoing, the Senior Medical Officer had recommended that
the petitioner be posted to a place where a medical specialist is
available in a service hospital and the hospital is equipped with
proper paraphernalia for the above mentioned medical issues.
6. She lastly states that the petitioner's representations dated 29th and 30th
July, 2021 for posting on compassionate grounds other than at Awantipur
having not been decided till date.
7. Issue notice. Mr. Abhay Prakash Sahay, learned counsel accepts notice
on behalf of respondents. He states that the petitioner's aforesaid
representation shall be decided on or before 12th October, 2021 i.e. prior to the
date of joining by the petitioner at the new place of posting on 18th October,
2021.
8. This Court is of the view that the offer made by learned counsel for
respondents is fair and reasonable. Accordingly, this Court directs the
W.P.(C) 11339/2021
Digitally Signed
By:KRISHNA BHOJ
Signing Date:06.10.2021
20:15:02
respondent No. 2 to decide the petitioner's representations dated 29th and 30th
July, 2021 on or before 12th October, 2021.
9. Learned counsel for the petitioner is directed to forward a copy of this
Order along with representations dated 29th and 30th July, 2021 as well as the
medical certificates dated 13th August and 18th August, 2021 to respondent
No. 2 on or before 06th October, 2021.
10. With the aforesaid direction, the writ petition along with pending
applications stands disposed of. This Court clarifies that it has not commented
on the merits of the controversy. The rights and contentions of all the parties
are left open.
11. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER 5, 2021
TS
W.P.(C) 11339/2021
Digitally Signed
By:KRISHNA BHOJ
Signing Date:06.10.2021
20:15:02
