Airport Authority Of India vs Smt Gayatri Soni

NEUTRAL CITATION NO. 2026:MPHC-JBP:66970
1 WA-1806-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
st
ON THE 1 OF SEPTEMBER, 2026
WRIT APPEAL No. 1806 of 2026
AIRPORT AUTHORITY OF INDIA
Versus
SMT GAYATRI SONI
Appearance:
Shri Prakash Upadhyay, Senior Advocate with Shri Ramnath Dwivedi
and Shri Hitendra Golhani, counsel for appellant.
Shri Dharmendra Soni, counsel for the respondent.
ORDER
Per: Justice Anand Pathak :-
Heard on IA No.11603/2026 for condonation of delay.
2. It is the submission of learned counsel for appellant that after
passing the impugned order dated 16.10.2025, matter was immediately
examined by officers of the appellant at Bhopal Airport and was forwarded
to the higher authority at the Regional Headquarter and then Corporate
Headquarter of AAI, New Delhi for taking appropriate decision.
3. Since matter involved important question related to AAI's
Transfer Policy/promotion-cum-transfer orders/refusal of promotion by the
employees and resultant effect, therefore, matter consumed much
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 9/3/2026
4:57:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:66970
2 WA-1806-2026
deliberations resulting into delay of 121 days. It is further submitted that

record, legal opinion and policy implications were required to be considered
and case involves merit, therefore, it was decided for filing this appeal.
Therefore, delay caused is bona fide in nature and sufficiency of cause is
made out. He relied upon the judgments of Hon'ble Supreme Court in the
cases of Motilal Songara v. Prem Praksh alias Pappu and another, (2013) 9
SCC 199, Sheo Raj Singh (Deceased) through Legal Representatives and
others v. Union of India and others, (2023) 10 SCC 531, and Vishnu
Vardhan @ Vishnu Pradhan v. State of Uttar Pradesh and others, 2025 SCC
Online SC 1501.
4. Counsel for respondent opposed the submissions and submitted
that son of respondent is suffering from heart ailment and impugned order
only gives liberty to respondent to make representation so that appellant may
decide the posting of respondent as per her predicament/preferences. He also
refers the delay of 121 days which appears to be inordinate. He prayed for
dismissal of application and appeal.
5. After considering the rival submissions and going through the
contents of application as well as subject involved, it appears that matter is
required to be heard on merits in the interest of justice. Looking to the
reasons assigned sufficiency of cause is made out. However, it is expected
from the appellant that they shall divulge the details of procedures involved
in taking decision to file appeal date wise in future so that real cause for
condonation of delay can be deciphered through the contents. However, the
application (IA No.11603/2026) is allowed, but with cost of Rs.5,000/-
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 9/3/2026
4:57:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:66970
3 WA-1806-2026
which is to be paid by appellant to respondent within 15 days.

6. With the consent heard finally.
7. Present writ appeal is preferred taking exception to the order
dated 16.10.2025 passed in W.P. No.630/2025 whereby petition preferred by
respondent is allowed and direction is given to appellant to consider the
matter of posting of petitioner on promotional post either to Bhopal or to any
other place where advance medical facilities permitting treatment of son of
petitioner are available.
8. Counsel for appellant advanced arguments at length and
submitted that earlier petitioner was working as Assistant Manager (Finance)
and in 2022 she was promoted to the post of Manager (Finance). However,
after promotion she was to be posted at Delhi, but she refused to accept
promotion. Since she refused promotion, therefore, she was debarred for
promotion for next two years. Again in 2024, she was promoted to the post
of Manager (Finance) and an option was given for posting at Khajuraho. She
again refused promotion on pretext that her son is having heart ailment and
therefore, she has to look after her son.
9. It is the submission of learned senior counsel appearing for
th
appellant that now two years period is coming to an end on 5 September,
2026 and in all likelihood she would get an offer in next DPC for promotion.
If she opts for promotion then department may think of posting her at a
suitable place where she would have to join on promotional post (except
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 9/3/2026
4:57:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:66970
4 WA-1806-2026
Bhopal) and shall take care of medical condition of her son comfortably.

Appellant informs this Court that respondent is stationed at Raja Bhoj
International Airport, Bhopal since 2006 and stayed there for more than 20
years.
10. Counsel for respondent agreed to this proposition. He fairly
submits that if respondent's name figures in promotion list in next DPC, she
will join at promotional post. Only apprehension raised is that she may be
posted at any place (other than Bhopal) where adequate medical facilities are
available to take care of medical condition of her son.
11. Heard learned counsel for the parties.
12. After considering the rival submissions and undertaking given by
counsel for parties, it appears that respondent already stayed at Bhopal for 20
years and now it is her turn to take promotion and be posted at promotional
post. At the same time, appellant is expected to consider the case of
respondent for promotion in next DPC as per law and if she is found suitable
for promotion then she be posted at any place other than Bhopal, but looking
to the medical condition of her son at a suitable place other than Bhopal
where medical facilities are available so that respondent may take care of
medical condition of her son well while performing her duties on
promotional post.
13. Resultantly, the impugned order dated 16.10.2025 passed in
W.P. No.630/2025 stands set aside and writ appeal is disposed of with the
aforesaid observations.
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 9/3/2026
4:57:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:66970
5 WA-1806-2026

(ANAND PATHAK)
(B. P. SHARMA)
JUDGE
JUDGE
SM

Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 9/3/2026
4:57:18 PM