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Delhi HC gives relief to Army couple who challenged postings
New Delhi, Sep 16 - In a relief to a couple serving in the Indian Army, the Delhi High Court on Tuesday stopped to the force's decision to post the two officers to different parts of the country.
The order was passed by a division bench of Justices Rajiv Sahai Endlaw and Justice Asha Menon on a petition filed by the husband, Col Amit Kumar, said advocate Sunil J. Mathews who appeared for him. Senior advocate Rana Mukherjee argued the matter for the petitioner.
Mathews said that the court has asked the Indian Army to consider the said petition as a representation and take a decision on the request of the couple for a posting at the same location, or geographically close locations. The bench has also asked the Army to inform it about the decision on the representation after four weeks when the matter will be taken up.
The plea filed by Colonel Amit Kumar said that vide the Posting Order dated May 15, not only the posting of his and his wife been done four months in advance but also there was complete violation of the Standard Operating Procedure followed by the Indian Army, that is while issuing the posting order for officers of the rank of colonel and above, the order of preference submitted by the officer concerned ought to be considered before issuing the posting orders whereas in the present case, no such recommendation was sought from him.
"...the posting order dated May 15, 2020 was so arbitrary in nature that even the basic criteria of spouse posting, especially in case where both husband and wife happen to be serving officers, was not taken into consideration which is in complete breach of the norms followed in all the three wings of defence," the plea said.
The petitioner further said that aggrieved by the disregard of the SOP in the release of the Posting Order and with trepidations of foul play and bias, he wrote a demi- official letter dated June 8, 2020 to the Colonel, Military Services, informing the officer concerned of his apprehensions regarding injustice in planning and deviation from the laid-down policy regarding posting of senior officers.
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