Delhi High Court
Jai Pal Singh Mothsara vs Union Of India And Ors on 21 September, 2021
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10616/2021 & CM APPL. 32737/2021
JAI PAL SINGH MOTHSARA ..... Petitioner
Through Mr. Praveen Kumar, Advocate
with Mr. Avichal Tomar,
Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through Mr. Anurag Ahluwalia, CGSC
for UOI.
% Date of Decision: 21st September, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
The hearing has been done by way of video conferencing.
1. Present writ petition has been filed seeking directions to the
Respondents to stay the posting/transfer of the Petitioner to 505 SU,
Lucknow till the discharge application of the Petitioner dated 31st
August, 2021 is under process and pending with the Respondents.
2. Learned counsel for the Petitioner states that the petitioner is a
serving Junior Warrant officer of Indian Air Force presently posted at
Command Hospital Air Force Bangalore since 01st May, 2018 as a
Blood Transfusion Technician. He states that the petitioner is suffering
with multiple disabilities i.e Chronic Kidney Disease Stage-3,
Signature Not Verified
Digitally Signed
Signing Date:22.09.2021
18:43:35
Incompletely Ascended Malrotated Left Kidney, Osteo Arthritis Ankle
Bilateral, Hypothyroidism, Dyslipidemia and Obesity. He states that
since the petitioner is in Low Medical Category A4G4 (P) since
November 2019, the Petitioner is unfit to perform Military duties i.e
PT/Parade/Games, Night duty and security duties.
3. Moreover, he points out that the Petitioner's only son who is in
12th standard is also 100% disabled due to cortical Blindness and also
suffers from Diabetics Mellitus Type -II and Hypothyriodism.
4. He states that the petitioner has put in 36 years of service and
left with only 2 years and 10 months service for superannuation. He
contends that the petitioner requested the respondents for extension of
his posting tenure on differently abled child ground vide his
applications dated 03rd May, 2021, 12th May, 2021 and 04th June, 2021
but the respondents without properly examining the facts rejected his
request without citing any reason whereas the respondents have
conceded the request of four other Air Warriors of his unit on the
same ground.
5. He further states that respondent no.5 has issued a posting order
dated 17th August, 2021 to 505 SU AF Memaura a remote unit on the
outskirt of Lucknow city and has to report to the new place of posting
on 11th October, 2021.
6. Issue notice. Mr. Anurag Ahluwalia accepts notice on behalf of
respondents.
7. He admits that the present case is a 'harsh case on facts'. He
states that officials of the respondents shall process the petitioner's
application for discharge as expeditiously as possible.
Signature Not Verified
Digitally Signed
Signing Date:22.09.2021
18:43:35
8. Keeping in view the aforesaid, this Court directs the concerned
officer in the Indian Air Force to process the petitioner's discharge
application dated 31st August 2021 as expeditiously as possible, but
not later than eight weeks.
9. Till the petitioner's discharge application is decided, this Court
directs that the impugned posting/transfer order dated 17th August,
2021 (Annexure P-5) shall not be given effect to and shall remain
stayed. With the aforesaid direction the present writ petition alongwith
application stands disposed of. However, list the present writ petition
for compliance on 28th December, 2021.
10. 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
SEPTEMBER 21, 2021
AS
Signature Not Verified
Digitally Signed
Signing Date:22.09.2021
18:43:35
