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2018 Supreme(SC) 870

ROHINTON FALI NARIMAN, INDU MALHOTRA
Maj. Amod Kumar – Appellant
Versus
Union of India – Respondent


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. 107




















































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