HC dismisses airman's plea for transfer to Delhi to live with wife

A bench headed by Justice Suresh Kumar Kait said, according to the relevant transfer policy, a husband and wife may 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 Delhi High Court on Tuesday dismissed an airman's petition seeking transfer to the national capital so he could live with his wife and lead a normal conjugal life. A bench headed by Justice Suresh Kumar Kait said, according to the relevant transfer policy, a husband and wife may 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 comprising Justice Saurabh Banerjee, said the petitioner cannot be permitted to claim a posting to Delhi just on the ground that he wanted to live with his wife. ''There is no hindrance to petitioner in meeting his wife," the court observed, as it noted the petitioner has entitled to 60 days' leave annually apart from the 30 that he can avail of as casual leave every year. It noted that his wife, who also works at a central government institution, too, was entitled to various leaves. "A perusal of the policy governing the posting of Airmen…. shows that it notes that the administrative possibilities to post husband and wife at the same station for leading a normal family life should be ensured by the authorities, subject to fulfilling the criteria…. However, an order of transfer or posting is an incident of Government and a Government servant has no vested right to claim his choice of posting," said the court. ''This Court is of the opinion that the petitioner cannot be permitted to raise the claim of posting to Delhi on the ground to live with his wife,'' it said. The petitioner, posted in Shillong, said he got married in October 2019 against the wishes of his family but has not been able to live a conjugal life as he is unable to take frequent leaves to meet his wife who cannot relocate due to certain exigencies. He said he has been able to meet his wife, who lives at her parents' house, only once in 5-6 months and his domestic life has deteriorated as her relatives and parents are pressuring her to file for divorce. The petitioner said the couple is facing tremendous mental agony and prayed that he be posted in Delhi/National Capital Region on compassionate/co-location grounds.

The court refused to intervene in the matter, noting that a transfer order can only be interfered with if it runs contrary to any statutory provision, is issued by an incompetent authority, or is mala fide, etc. Indian Air Force authorities opposed the petition, insisting their posting/transfer policy is for the best utilization of human resources, and airmen are transferred from one place to another on service exigencies to balance their posting profiles. They submitted it was not always feasible to post an airman to a particular place of request and contended his plea seeking a posting in New Delhi was also not found feasible as the couple does not have a child.