Delhi High Court - Orders
Sqn Ldr Debashish Padhi vs Union Of India & Ors on 30 November, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13504/2021
SQN LDR DEBASHISH PADHI ..... Petitioner
Through: Ms. Ria Gandhi, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Vivekanand Mishra, Advocate with
Mr. Himanshu Pathak, GP for UOI.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 30.11.2021 Present writ petition has been filed challenging the signal dated 26th October, 2021. Petitioner also seeks directions to the respondent to grant choice posting to the Petitioner on compassionate/medical grounds. In the alternative, the petitioner seeks premature release from service.
Learned counsel for the petitioner states that the petitioner was not given his choice of posting after a hard posting in Ladakh. She also states that the petitioner has not been considered for premature release. She further states that the petitioner has sought another posting on compassionate ground, which has not been considered.
Learned counsel for the petitioner emphasises that the petitioner's wife is presently in the first trimester of a high risk pregnancy and the nearest medical facility near the new place of posting i.e. Uttarlai is 200 Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.12.2021 20:05:42 Kms. away i.e. MH Jodhpur.
A perusal of the paper book reveals that the petitioner has filed an application dated 28th October, 2021 along with medical certificates seeking change of posting to Delhi on compassionate/medical grounds. However, the same has not been decided till date.
Keeping in view the aforesaid, the present writ petition is disposed of with a direction to respondent No.2 to decide the petitioner's application dated 28th October, 2021 by way of a reasoned order in accordance with law within four weeks. 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.
MANMOHAN, J NAVIN CHAWLA, J NOVEMBER 30, 2021 js Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.12.2021 20:05:42