MANMOHAN, NAVIN CHAWLA
SGT Raju Muralasetti 910091-a – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the impugned orders dated 6th October 2021 and 22nd October 2021 issued by the Respondents. Petitioner also seeks direction to the respondents to change the petitioner’s posting and/or allow attachment at a nearby AF Unit for six months on extreme compassionate grounds. In the alternative, the Petitioner seeks directions to the Respondents to re-consider the discharge application on extreme compassionate Grounds.
2. Learned counsel for the Petitioner states that the Petitioner is aggrieved by the actions of the Respondents whereby the Petitioner has been denied posting and discharge from service on extreme compassionate grounds and the respondents have also declined to change the effective date of posting on compassionate grounds.
3. He states that the Petitioner was enrolled in the Air Force in September 2005 and after enrolment, the Petitioner faced many family problems. He states that the Petitioner's mother has developed several health issues like chronic bronchial Asthma, Hypertension, fissures and Arthritis after the demise of the Petitioner’s father. He also points out that the Petitioner has eight depende
Courts may not interfere with transfer as an exigency of service, but decisions denying discharge must be reasoned.
The High Court ruled that while service transfers are generally not interfered with, discharge applications must include adequate reasoning, necessitating reconsideration of the Petitioner’s request.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
The court mandated the expeditious processing of a discharge application, highlighting the need for reasonable accommodation for personnel with disabilities and family obligations under similar circu....
Transfer as an exigency of service, especially in the Armed Forces, and the justification of transfer due to spouse's posting to a non-family station.
In military service, transfer decisions are governed by service exigencies, which prioritize operational requirements over personal convenience.
Judicial intervention in military postings is limited to cases with life-threatening or severe health conditions, emphasizing the exclusive discretion of military authorities.
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
Inter-command transfers on compassionate grounds, once approved as permanent and accepted by receiving command, cannot be unilaterally amended to temporary tenure without cogent reason, per departmen....
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