AJIT KAKKAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner has sought the quashing of order dated 7th October, 2011 passed by The Air Officer-in-Charge Personnel, Air HQs, Yayu Bhawan, Rafi Marg, New Delhi by which the petitioner has been transferred to Air Force Intelligence School, Pune. The petitioner has also sought the quashing of order dated 30th March, 2012 directing the petitioner to report at Pune by 7th May, 2012. The petitioner has further sought directions to the respondents to consider the case of the petitioner for his retention in Delhi till the completion of Fontan procedure of his daughter or in the alternative to release the petitioner pursuant to his application for premature release made by letter dated 10th April, 2012.

(2.) The petitioner was enrolled in the Indian Air Force as Airman on 4th April, 1984. On account of his performance, he was granted commission as Pilot Officer on 21st June, 1993 and was posted to 501 SU as Fighter Controller. The petitioner was thereafter, promoted to the rank of Flying Officer on 21st June, 1995 and was further promoted to the rank of Flight Lieutenant on 21st June, 1998.

(3.) The petitioner contended that his daughter was born on 6th August, 1998 with Congenital Cardiac Heart Disease Mitral Atresia (defective Mitral Valve), Double outlet in right ventricle, and a single ventricle physiology. Therefore, the daughter of the petitioner has underwent Balloon Artrial Septostomy (BAS) on 20th September, 1998 and a Pulmonary Arterial Banding (1st Cardiac Surgery) which was performed on 8th October, 1998.