HARIOM Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred against the order impugned dtd. 8/2/2024 (Annexure-7) whereby the petitioner has been sought to be transferred from 33 SU to 42 WEU i.e. from Jodhpur to Chabua (Assam) with effect from 24/6/2024.

(2.) The facts are that the petitioner was posted at Jodhpur on a co-location posting in terms of Clause 29 of the posting policy governing the Airmen. The said Clause provides that in case of a spouse employed in the Central/State Government/Public Sector Undertakings, as far as possible, the husband and wife should be posted at the same station to enable them to lead a normal family life and look after the welfare of their children, specially until the children have completed 10 years of age.

(3.) Learned counsel for the petitioner submitted that his tenure on a co-location posting could not have been restricted for a period of two years and hence, ignoring the same, the tenure deserves to be extended either till the daughter of the petitioner attains 10 years of age or till the completion of requisite period of 7 years as provided under the Rules.