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Judgment
SUDEEPTI SHARMA J. (ORAL)
The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the rejection letter dated 17.03.2026 (Annexure P-6), whereby the request of the petitioner for screening from posting on dependent medical/ compassionate grounds was rejected and the consequential posting order dated 02.06.2026 (Annexure P-8) transferring the petitioner from 12 Wing Air Force, Chandigarh, to 10 Wing Air Force, Jorhat w.e.f. 17.08.2026 and issuance of a writ in the nature of mandamus directing the respondents to retain the petitioner at or near Chandigarh or at any other station having equivalent specialist medical facilities by granting screening from posting on dependent medical/compassionate ground, so as to enable him to continue providing care and assistance to his elder son, who is suffering from Limb Girdle Muscular Dystrophy (LGMD-2A) with 100% permanent disability and to his younger son undergoing psychiatric treatment.
Learned counsel for the petitioner contends that despite the severe medical condition of elder son of the petitioner, the petitioner has been transferred to Air Force Station Memaura, Lucknow (Uttar Pradesh). He, therefore, prays that the present petition be allowed.
Per contra, learned counsel for the respondents submits that the petitioner has been posted at Chandigarh for the last ten years. As per the transfer policy, an employee can ordinarily remain at one station for a maximum period of three years, whereas in exceptional cases the tenure may be extended up to ten years. It is submitted that the petitioner has already availed the maximum permissible tenure at Chandigarh as a special case and, therefore, no further extension can be granted. He accordingly prays for dismissal of the present writ petition.
I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.
On the last date of hearing, this Court requested learned counsel for the respondents to seek instructions as to whether the petitioner could be accommodated at any station nearby to Chandigarh.
Today, learned counsel for the respondents has brought a copy of the order dated 18.08.2026, whereby the earlier posting of the petitioner has been cancelled and, on compassionate grounds, the petitioner has now been transferred from Chandigarh to 505 Signal Unit, Air Force Station Memaura, Lucknow (Uttar Pradesh).
It is settled by Hon’ble the Supreme Court that transfer is an incident of service in plethora of judgments, some of them are referred to by this Court in CWP-20757-2026, titled as “Dr. Sandeep Singh Vs. Bhakra Beas Management Board Through Its Chairman and others”, decided on 10.07.2026 and CWP-20077-2026, titled as “Amrik Singh and another Vs. Union of India and others”, decided on 07.07.2026.
In view of the law laid down by Hon’ble the Supreme Court and the stand taken by the respondents, no interference is required in the present writ petition and the same is hereby dismissed.
Pending applications, if any, also stand disposed of.