POONAM DUBEY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) RULE

(2.) COUNSEL for the petitioner has further contended that the petitioner has not availed the spouse posting in her 10 years service and is working at Hindon(Ghaziabad) w.e.f. 4.5.1998, and now she is transferred at Silchar (Assam), husband of the petitioner is residing in Delhi.

(3.) I have given my careful consideration to the arguments advanced by the Counsel for both the parties. The petitioner is working with Military Nursing Service, nature of the service itself is that the petitioner can be posted anywhere as the service is dedicated to the cause of keeping the men in uniform at all places in perfect health by providing adequate nursing services. Therefore, this Court cannot exercise any interfere in transfer and posting of the officers of the Military Nursing Services until and unless any transfer or posting is mala fide or not in consonance with the policy of the respondent itself. From the perusal of the policy which has been placed by the Counsel for the respondent said policy does not take into consideration he situation which is in hand before me in this case. Four months old infant even if allowed to be taken by the petitioner to any station would be a hindrance in performance of the duty of the petitioner rather than any support. The welfare of the child has to be taken into consideration in any policy. After perusal of the policy (which is at page Nos. 88 and 89 of the paper book) formulated by the respondent I do not see any consideration given in that policy to a situation where the officer is having infant of young age.