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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Paramjit Singh Nagi – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been preferred by the petitioner inter-alia praying for issuance of a writ of certiorari for quashing of the order dated 07.11.2022 and signal dated 11.11.2022 to the extent whereby the petitioner has been posted to Frontier Headquarter BSF Mizoram & Cachar, which is in violation of their own policies dated 07.12.2011, 29.02.2012 and 23.07.2021 whereunder petitioner can only be posted to a Composite Hospital. Further, issuance writ of mandamus is also sought for directing the respondents to issue a fresh posting order, posting the petitioner to any Composite Hospital in the Country.
2. Petitioner after completing his MBBS from Maulana Azad Medical College in the year 1989, was appointed as Medical Officer (Assistant Commandant) in the BSF Medical Cadre on 27.12.1990. During his service, petitioner was promoted to the rank of Deputy Commandant (Sr. Medical Officer) on 11.09.1996 and Chief Medical Officer (Selection Grade) on 27.12.2004.
3. According to petitioner, he applied for undergoing PG Diploma in Sports Medicine from Netaji Subhash National Institute of Sports in Patiala. The respondents, finding petitioner has comp
The main legal point established in the judgment is that the transfer and posting of the petitioner should have been governed by the existing policies and guidelines, including the Cadre Review Order....
Transfer of government servants is governed by exigencies of service, and individuals cannot claim specific postings, especially regarding teaching designations without meeting established criteria.
Transfers must not violate policy safeguards and cannot undermine an individual's professional status under arbitrary conditions.
The main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
The court established that the discretion of military authorities in transfer matters is broad, and judicial interference is limited unless there is a clear violation of law or evidence of mala fides....
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