T. S. THAKUR, J. ( 1 ) IN this petition for a writ of mandamus, the petitioner has prayed for a direction to the respondents to accept her application seeking premature discharge from the military service and in the alternative to direct her attachment for a short period at Delhi to tied over her domestic problems arising from the illness of her husband and mother-in-law. ( 2 ) THE petitioner is serving as a Commissioned officer in the rank of a captain in the military nursing service. She is presently posted at Shillong. She appears to have made an application seeking premature retirement/resignation from service in terms of a policy formulated by the Government in that regard. ( 3 ) THE said request has been considered and rejected by the respondents in terms of a communication dated 6th September, 2006. Aggrieved the petitioner has filed the present writ petition challenging the rejection order and praying for a mandamus directing the respondents to discharge her from the military service. ( 4 ) WE have heard learned counsel for the parties at some length and perused the record. The petitioner's case appears to be that she is entitled to seek discharge from military service in terms of the policy on ?extreme compassionate grounds? within the meaning of the said expression as appearing in the policy, a copy whereof has been enclosed by the petitioner as Annexure-2. According to the petitioner, her husband is suffering from a chronic disease and so is her mother-in-law thereby requiring her presence at home to constantly look after them. The respondents have, upon consideration, taken the view that the grounds stated by the petitioner do not justify a discharge under the policy relied upon by her. Learned counsel for the petitioner however argued that the respondents have not properly appreciated the material which was furnished by the petitioner to them in support of her claim for discharge. According to the learned counsel, certain additional material in the form of medical certificates relating to the alleged illness of her husband and mother-in-law have been filed by the petitioner along with the rejoinder in this court. The said documents, it appears, were not available with the respondents when the request for discharge made by the petitioner was first considered.
According to the learned counsel, certain additional material in the form of medical certificates relating to the alleged illness of her husband and mother-in-law have been filed by the petitioner along with the rejoinder in this court. The said documents, it appears, were not available with the respondents when the request for discharge made by the petitioner was first considered. Learned counsel for the respondents in that view was not averse to the petitioner making a fresh request for discharge duly supported by the additional material which she may like to rely upon. Even otherwise, we are of the view that if the petitioner can make out a case for the grant of discharge on the basis of any further material that has come in her possession, there is no reason why such a request cannot be made nor is there any legal impediment for the respondents considering such a request no matter an earlier request has been considered and rejected. ( 5 ) WE accordingly allow this petition but only in part and to the extent that the petitioner shall be free to make a fresh representation supported by the material comprising medical reports and other documents making out a case for discharge on extreme compassionate grounds. The needful shall be done within six weeks whereupon the competent authority among the respondents shall examine the said representation fairly and objectively and pass an appropriate order on the same expeditiously but not later than 30th June, 2007. The petitioner shall also be free to make a request for temporary attachment to delhi on such grounds as may be available to her which request may also be considered by the competent authority sympathetically under intimation to the petitioner. The writ petition is accordingly disposed of. No costs.