IMPORTANT POINT
Transfer order, unless contrary to rules or mala fide, cannot be interfered with.

JUDGEMENT

INDU MALHOTRA, J.

1. The abovementioned Writ Petitions were heard together as they raise common issues, and are being disposed of by the present common Judgement.

2. The facts material for the purposes of deciding the present Writ Petitions have been set out hereinbelow.

3. The Petitioners are personnel belonging to the Army Service Corps (“ASC”). The Petitioners in Writ Petition (Civil) Nos. 918 and 1077/2017 are Officers holding the ranks of Major and Lieutenant Colonel respectively, while the Petitioner in Writ Petition (Civil) No. 965/2017 is holding the rank of Sepoy.

The Petitioners have impugned Posting Orders issued by the Respondents, posting them to operational units/operational areas. The Petitioner in Writ Petition (Civil) No. 918/2017 – Major Amod Kumar, who was serving as an Officer of the ASC, was posted to 44 Rashtriya Rifles as a Mechanical Transport Officer vide Order dated July 20, 2017. The Petitioner in Writ Petition (Civil) No. 965/2017 – Sepoy Prahalad Singh was serving in the ASC, having being trained for driving special vehicles. He was posted to 4 Rashtriya Rifles vide Order dated September 4, 2017. The Petitioner in Writ Petition (Civil) No. 1077/2017 – Lieutenant Colonel Shubhankar Mishra, who was serving as an Officer of the ASC, was posted to 694 Coy ASC (Tank and Transport) as an Officer Commanding vide Order dated September 15, 2017.

4. SUBMISSIONS OF THE PETITIONERS

The Petitioners were represented by Ms. Meenakshi Arora, Learned Senior Advocate. The Petitioners inter alia made the following submissions:

4.1. The Petitioners submitted that they belong to the ASC, and have been posted to ‘operational’ areas/formations despite the findings of this Court in Union of India & Anr. v. Lt. Col. P.K. Choudhary & Ors., (2016) 4 SCC 236 (“Lt. Col. P.K. Choudhary’s Case”).

4.2. The Petitioners submitted that this Court in Lt. Col. P.K. Choudhary’s Case had held that the ASC, EME and other Minor Corps are ‘nonoperational’ units/formations based on the stand taken by the Union of India.

The Petitioners submitted that even though the findings of this Court in Lt. Col. P.K. Choudhary’s Case that the ASC are ‘nonoperational’ were rendered while adjudicating the issue of distribution of vacancies which had been created for the rank of Colonel amongst the various Corps of the Indian Army, the same would apply in the present case.

4.3. The Petitioners claim that as a consequence of the Judgement in Lt. Col. P.K. Choudhary’s Case wherein the Petitioners have been classified to be ‘nonoperational’ for promotional avenues, the same classification should apply as a necessary corollary for the purposes of deployment and postings also.

4.4. It was submitted that the preference given to ‘operational’ Corps in the matter of promotions was unjustified, particularly since personnel of the ASC move alongside with personnel belonging to the other Corps in operational areas. Thus, they are as vulnerable as the personnel of the other Corps.

On this basis, the Posting Orders issued by the Respondents directing the Petitioners to serve in operational units/areas were challenged as being in gross violation of their Fundamental Rights and principles of natural justice.

5. SUBMISSIONS OF THE RESPONDENTS

The Respondents – Union of India, and the Military Secretary Branch were represented by Mr. R. Balasubramanian, Learned Advocate. The Respondents made the following submissions:

5.1. The present Writ Petitions under Article 32 are not maintainable, since there is no violation of their Fundamental Rights whatsoever. Hence, the Writ Petitions are liable to be dismissed at the threshold on this count alone.

5.2. It was further submitted that if the Writ Petitioners have any grievance, the alternate remedy of challenging the Posting Orders before the Armed Forces Tribunal is available. Hence, the Writ Petitions are liable to be dismissed on this ground also. 5.3. On merits, it was submitted that transfers are not only a necess