BHAVANI PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Airman posted at Kolkata. He is aggrieved by the order dated 31st July 2019 rejecting his prayer for posting at Delhi. According to the petitioner, his wife is undergoing continuous medical treatment at the All India Institute of Medical Science, Delhi since May 2018 and due to her medical condition she is in constant need of care and support of her family members. The stay of the petitioner at Delhi is indispensable to cater to the medical needs and well-being of his wife.

(2.) The prayer of the petitioner for posting at Delhi was refused on the ground that the said application was not made within one year of posting. According to the petitioner, he was posted initially at Kolkata on 9th March 2015 under a different authority and on 27th July 2018 the petitioner was again re-posted at Kolkata under a separate authority. The petitioner submits that the date of his posting ought to be taken as 27th July 2018 and the application for choice posting was made on 8th April 2019, well within the period of one year.

(3.) The petitioner submits that he is entitled to be considered in accordance with the amended policy on postings in respect of an Airman dated 22nd July 2014. According to the said policy an Airman may apply within the first year of posting requesting his superannuation choice. The same may be considered if there is very extra-ordinary ground to justify the same.