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SANJEEV SACHDEVA, MANOJ JAIN
Hav. Manish Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner had earlier approached this Court by filing a writ petition being W.P. (C) No. 11095/2017 seeking posting to a place where medical facilities for treatment of his dependants are available. By order dated 25.04.2018, this Court directed that petitioner be attached to a Unit in Delhi for a period of 2-3 months.
2. Petitioner was accordingly attached to a Unit in Delhi. Thereafter in 2019, petitioner was sought to be posted to a field regiment in Baramulla. Petitioner impugned the said order by filing the present petition.
3. By an interim order dated 03.04.2019, respondents were directed to maintain status quo with regard to the posting of the petitioner.
4. The contention of the learned counsel for the petitioner is that son of the petitioner is suffering from spastic diplegia. Learned counsel submits that treatment for the son of the petitioner is not available at all Units.
5. Learned counsel for the petitioner relies on the posting policy dated 09.04.2012 to contend that petitioner should be required to be given three choices of stations as per availability of medical facilities and accordingly posted to only one of the three pl
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 ....
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
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.
The court considered the medical condition of the petitioner and his daughter as a determining factor in reaching its decision.
The main legal point established in the judgment is that the seriousness of medical conditions and entitlement to relief for transfer on compassionate grounds or for medical reasons are determined ba....
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
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