The High Court on Tuesday rejected a petition by an Indian Air Force (IAF) Airman seeking to be posted in Delhi on compassionate grounds, as he had not been able to lead a conjugal life since his marriage nearly three years ago.
In his petition, the Airman stated he got married in October 2019 following which he was posted in Shillong, while his wife is posted in Delhi as a teacher.
The airman said that owing to the conditions of his service, he is unable to take frequent leaves and is able to meet his wife only once in 5-6 months.
A Bench of Justice Suresh Kumar Kait and Justice Saurabh Banerjee said that as per the relevant rules, the husband and wife could be posted at the same station for leading a normal family life but “a government servant has no vested right to claim his choice of posting”.
The Bench also pointed out that the airman had availed all 60 earned leaves and 3 casual leaves in 2020, and in 2021 he had taken 56 earned leaves and 19 casual leaves.
“Moreover, the petitioner’s wife is also entitled to various leaves, according to her entitlement under the Central government rules. In this background, this court finds that there is no hindrance to the petitioner in meeting his wife, as he has claimed,” the High Court said.
“This court is of the opinion that the petitioner cannot be permitted to raise the claim of posting to Delhi on the grounds to live with his wife,” the High Court added.
IAF’s response
The IAF, on the other hand, submitted that its posting or transfer policy is meant for the best utilisation of human resources and the Airmen, such as the petitioner, are transferred from one place to another on service exigencies to balance their posting profiles.
It submitted that in terms of relevant rules, husband and wife can be posted at the same station to enable them to lead a normal life and to look after their children, especially until the children are ten years of age. However, the petitioner does not have any child and thus, his case is not covered under the said policy.
