KHEMA NAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has prayed for the following reliefs:-

(2.) The facts necessary for the disposal of the writ petition could be narrated thus in the following terms:-

(3.) The learned counsel for the petitioner, Mr.N.L.Bareja, submitted that the period which he served in the Ministry of External Affairs and his work abroad should be excluded for considering him being in Delhi for the purpose of posting out of Delhi. The learned counsel for the petitioner, Mr.N.L.Barej'a, submitted that in 1994 the Ministry of Home Affairs) Government of India, had issued, what is called, 'Postin/Transfer and Tenure Rules'(dated 28.10.1994), and as per those rules, the petitioner will be entitled to continue in Delhi in his parent unit being 25 Battalion. The learned counsel for the petitioner, Mr.N.L.Bareja, submitted that the petitioner has been sincere and adevoted Government servant and he was sent abroad. He further submitted that while the petitioner was living in Russia, he lost his mother in 1994 and he could not look after his family and on his return, his wife was afflicted from ailment, and now he himself is suffering from. some ailment. Therefore, he should not be sent to Jammu & Kashmir.