SANJU JHA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents. The petitioner has filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of order/communication dated 25th February, 2009 (Annexure-3) issued under the signature of Squadron Leader, Air Force Station, Bihta for respondent No. 5, whereby she has been intimated that she cannot be absorbed in the services of the Indian Air Force, and further, she cannot be allowed to continue to stay in service accommodation at Air Force Station, Bihta with effect from 1.4.2009. She has also assailed the validity of the show cause notice dated 6th February, 2009 (Annexure-2), whereby she has been asked to vacate the temporary accommodation with effect from 1.3.2009, which was provided to her on humanitarian ground for two years in the year 2000, otherwise she will be declared to be in unauthorized occupation and action will be initiated against her for vacating the aforesaid accommodation.

(2.) Learned counsel appearing on behalf of the petitioner submits that the husband of the petitioner, namely, Loha Kant Jha, was enrolled in the services of Indian Air Force on 25th November, 1982, and while he was still in the services of Indian Air Force on the post of Corporal, he was medically boarded out on the ground that he was suffering from schizophrenia. Consequently, by an order dated 10.8.1998 (Annexure-5) he was discharged from service with effect from 29.8.1998 on medical ground.

(3.) It is admitted case of the parties that against the aforesaid order of discharge and/or for the consequential benefits, the husband of the petitioner namely Ex-Corporal Loha Kant Jha had approached this Court under Article 226 of the Constitution of India in C.W.J.C. No. 10553 of 2009, but the reliefs sought for on behalf of the husband of the petitioner in the aforesaid writ petition were not entertained by this Court and the writ petition was finally permitted to be withdrawn by an order dated 9th February, 2010.