Delhi High Court
Subedar Ac Jeya Kumar vs Union Of India Through Secretary ... on 12 September, 2023
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 12.09.2023
+ W.P.(C) 11856/2023 & CM APPL. 46285/2023 & CM APPL.
46286/2023
SUBEDAR AC JEYA KUMAR ..... Petitioner
versus
UNION OF INDIA THROUGH SECRETARY MINISTRY OF
DEFENCE ARMY AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Anish Shrestha and Mr. Brijballabh Tiwari,
Advocates
For the Respondents: Ms. Ritu Reniwal, Senior Panel Counsel with Mr.
Ravindra Vikram, Advocate for UOI
Maj. Partho Katyayan
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks setting aside of posting/transfer order dated
06.07.2023 and 02.08.2023 wherein petitioner has been posted from Delhi to
158 Base Hospital Bagdogra, West Bengal.
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:13.09.2023
14:39:22
2. Learned counsel for the petitioner submits that the daughter of the
petitioner is studying in Class-XII and has board examinations in February-
March, 2024 and any posting is likely to disturb her studies. He further
submits that petitioner is also eligible for the last leg choice posting in terms
of the posting policy of the respondent.
3. Learned counsel for the respondent submits that the petitioner was
posted out keeping in view the exigencies of service and the requirement of
the petitioner in Base Hospital, Bagdogra.
4. Learned counsel for the respondent under instructions submits that
keeping in view of the educational requirement of the daughter of the
petitioner, the competent authority has agreed to permit the petitioner to
retain the family accommodation till end of the academic session i.e. till
April, 2024. He further submits that in case any request is made by the
petitioner for availing available admissible leave, the same shall be
considered favourably to enable the petitioner to counsel his daughter for the
education. He further submits that in case the petitioner joins the place of
posting and from there makes a request for choice last leg posting, the
competent authority shall consider the same in accordance with the rules.
5. In view of the above statement, petitioner seeks leave to withdraw the
petition.
6. Respondents are bound down to their statement. The respondents shall
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:13.09.2023
14:39:22
permit the petitioner to retain the residential accommodation till end of the
academic session i.e. till April, 2024; they shall also favourably consider the
request of the petitioner to avail of available leaves in accordance with the
rules. In case any application for last leg posting is made, the same shall be
considered in accordance with the rules.
7. The petition is disposed of in the above terms.
8. Order dasti under signature of Court Master.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
SEPTEMBER 12, 2023
'rs'
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:13.09.2023
14:39:22
