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SANJEEV SACHDEVA, MANOJ JAIN
Hav (clk Sd) Kulwinder Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner seeks cancellation of extension of posting order dated 03.06.2022 and seeks a direction that the petitioner be retained at Delhi till his discharge is sanctioned.
2. Learned counsel for the petitioner submits that petitioner was kept in the waiting list as per their Communication dated 21.10.2019 at serial No.59 and till date he has not been discharged.
3. Learned counsel for the respondent has produced subsequent communication dated 25.07.2023 wherein it is stated that the seniority of the petitioner's application for premature retirement now stands at serial number 25.
4. Learned counsel for the petitioner submits that as per his information, respondents are giving premature retirement outside the list and he reserves his right to seek appropriate remedy in accordance with law in case the seniority in the list is breached or any person outside the list is released.
5. Learned counsel for the petitioner further submits that since petitioner is transferred to a field area, he shall be entitled to a field accommodation.
6. Order dated 25.11.2022 notes the contentions of the petitioner that his Extra Regimental Employment tenure
Dismissal of petition and granting of two months time to join in terms of the posting order
Jurisdiction over premature retirement resides with the Armed Forces Tribunal, and procedural policies cannot be overridden by this Court without compelling reasons.
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....
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
The needs and necessities of an individual in the Armed Forces are subservient to the needs of the Army, and postings are determined based on various factors, balancing the needs of the service with ....
The court directed that transfer requests be considered sympathetically based on personal circumstances such as remaining service duration and family medical needs.
The court declined to interfere in the discharge order as the issue was pending before the Armed Forces Tribunal and the discharge was subject to the final decision.
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
The main legal point established in the judgment is the eligibility for premature retirement under Rule 3(2) of the Himachal Pradesh Services (Premature Retirement) Rules, 1976, and the interpretatio....
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