Delhi High Court
Hav (Clk Sd) Kulwinder Singh vs Union Of India And Others on 27 July, 2023
Neutral Citation Number 2023:DHC:5262-DB
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th July, 2023
+ W.P.(C) 14648/2022 & CM APPL. 50882/2022
HAV (CLK SD) KULWINDER SINGH ..... Petitioner
versus
UNION OF INDIA AND OTHERS ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Ajit Kakkar with Mr. Ankit Negi,
Advocates.
For the Respondent: Mr. Mohit Kumar Auluck and
Mr.Sushil Raaja, CGSC for UOI and
Mr.Vivek Nagar, GP
Major Partho Katyayan.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks cancellation of extension of posting order dated
03.06.2022 and seeks a direction that the petitioner be retained at
Delhi till his discharge is sanctioned.
2. Learned counsel for the petitioner submits that petitioner was
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kept in the waiting list as per their Communication dated 21.10.2019
at serial No.59 and till date he has not been discharged.
3. Learned counsel for the respondent has produced subsequent
communication dated 25.07.2023 wherein it is stated that the seniority
of the petitioner's application for premature retirement now stands at
serial number 25.
4. Learned counsel for the petitioner submits that as per his
information, respondents are giving premature retirement outside the
list and he reserves his right to seek appropriate remedy in accordance
with law in case the senority in the list is breached or any person
outside the list is released.
5. Learned counsel for the petitioner further submits that since
petitioner is transferred to a field area, he shall be entitled to a field
accommodation.
6. Order dated 25.11.2022 notes the contentions of the petitioner
that his Extra Regimental Employment tenure in Delhi was extended
by the communication dated 06.05.2022 on medical grounds for one
year i.e. up to May, 2023. However, by communication dated
03.06.2022, the extension was cancelled.
7. Keeping in view the above submissions, this Court had directed
stay of the communication dated 03.06.2022. We notice that the said
period of extension, as communicated by the Communication dated
06.05.2022, has already elapsed.
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8. Learned counsel for the petitioner seeks leave to withdraw the
petition reserving the right of the petitioner to approach the Armed
Forces Tribunal, if aggrieved by the decision of the respondent or
inaction of the respondent on the application seeking discharge.
9. Learned counsel for the petitioner submits that he also reserves
the right of the petitioner to give a representation to respondents to
reconsider the order of posting or post the petitioner to a place where
he can have adequate medical treatment for his child as also for
granting such benefits as may be admissible to personnel posted in
field areas.
10. In view of the above, the petition is dismissed as withdrawn
with liberty as prayed for.
11. Keeping in view the medical condition of the child of the
petitioner, he is granted two months time to join in terms of the
posting order dated 03.06.2022.
12. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
JULY 27, 2023
st
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