CPL DEEPAK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking a writ of mandamus directing the respondent to grant a posting to him at Delhi NCR on compassionate / co-location grounds.

(2.) Petitioner got married on 9/10/2019. Petitioner is posted at Shillong, while his wife is posted at New Delhi as TGT, Science at Kendriya Vidayalya Snghthan, BSF Camp Chawla, New Delhi and, therefore, they have not been able to lead conjugal life ever since their marriage. Even since their marriage, petitioner's wife is residing at her parents' house. Petitioner has averred that owing to the conditions of his service, he is unable to take frequent leaves and is, therefore, able to meet his wife only once in 5-6 months. Further, due to family exigencies, petitioner's wife is unable to re-locate herself from Delhi or resign from the job. In the afore-noted circumstances, the petitioner claims to have made an application dtd. 13/1/2020 to the respondents for posting in Delhi on co-location grounds after due recommendation from the Commanding Officer of his Unit, which was turned down by the respondents vide communication/ reply dtd. 24/4/2020. Thereafter, petitioner claims to have made another application date 6/7/2020 on the same grounds and prayed respondents to post him to Delhi-NCR, which again was rejected.

(3.) According to petitioner, he got married against the wishes of his parents and has been making efforts for reconciliation with them but is facing difficulties since he is not getting time to establish contact with them. His domestic life has further deteriorated as the relatives and parents of his wife are pressurizing her for obtaining divorce. The Petitioner and his wife have been facing tremendous mental agony due to fact that petitioner is unable to avail leave for a long period of time and his representations were rejected by the concerned authorities on the ground that they have no children.