IMPORTANT POINT
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.

JUDGMENT :

Per Dr. Pushpendra Singh Bhati, J:

1. This Special Appeal has been preferred against the order dated 04.04.2024 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.4797/2024, whereby the writ petition filed by the writ petitioner (respondent herein) was allowed.

2. Brief facts of the case, as placed before this Court by Mr.Mukesh Rajpurohit, learned Deputy Solicitor General alongwith Ms.Dimple Purohit appearing on behalf of appellants (respondents in the writ petition) before this Court are that the respondent-writ-petitioner Mr. Surendra Kumar was enrolled in the Indian Air Force on 28.03.2007, and was posted at 33 SU, Air Force Unit, Jodhpur w.e.f. 10.05.2021 for trade duties on a co-locating posting, vide order dated 08.03.2021.

2.1. Thereafter, vide transfer order dated 08.02.2024, the respondent-writ petitioner has been ordered to be posted at 314 TRU (Darbhanga, Bihar) from Jodhpur with effect from 06.05.2024. The respondent-writ petitioner submitted applications before the appellants for cancellation of the said transfer order, on the grounds that his mother was unwell, wife being a government employee (posted at Jodhpur) and his daughter being five years of age; however, the said applications were rejected by the appellants.

2.2. Thus, laying challenge to the said transfer order dated 08.02.2024, the respondent-writ petitioner preferred a writ petition (S.B. Civil Writ Petition No. 4794/2024) before this Hon’ble Court against the order dated 08.02.2024, which was allowed by the learned Single Bench vide the impugned order dated 04.04.2024, while quashing and setting aside the order dated 08.02.2024, qua the respondent-writ petitioner, with a direction to the appellants to pass appropriate orders in accordance with the provisions of co-locating posting contained in posting policy dated 24.02.2020/24.11.2022 keeping into consideration that the age of the respondent-writ petitioner’s daughter as well as the fact that the respondent-writ petitioner has not completed 7 years of service at Jodhpur; it was further directed that the tenure of the respondent-writ petitioner be extended till his daughter attains the age of 10 years or till he completes 7 years of service at Jodhpur, whichever is earlier.

3. Learned Deputy Solicitor General appearing on behalf of the appellants submits that the Air Headquarters Human Resource Policy Part-II/PA (Air Warrior)/PD/01/2020 dated 24.02.2020 (in short, ‘Policy of 2020’) was superseded by Air Headquarters Human Resource Policy Part-II/PA /PD/01/2022 dated 24.11.2022 (in short, ‘Policy of 2022’). He further submits that as per para 29 of the Policy of 2022, “the Airman will posted to the requested place as far as possible on TPU and tenure will be depending on utilisation driven by organisational requirement”.

3.1. Learned Deputy Solicitor General further submits that the posting of the respondent-writ petitioner vide order dated 08.03.2021 was not a posting on co-location ground but was a ‘request posting’ as governed by paras 21-32 of the Policy of 2022; the said request posting was restricted for a tenure of two years and the respondent-writ petitioner has already completed the said posting tenure, and thus, was not entitled for any extension beyond the normal tenure of 2 years on a request posting.

3.2. Learned Deputy Solicitor General also submits that the Airmen is initially engaged for 20 years, and is supposed to be posted at various places, like Hard Area, Field Area, Modified field area, North East etc. He further submits that the home zone posting is reserved for an Air Warrior on compassionate grounds for 2 years, that too on merit basis, generally for a restricted tenure; if out of 20 years, the Air Warrior concerned is permitted to spend 7 years at home zone, followed by same treatment being sought and granted to all Air Warriors, the administration and discipline of the Defence Forces, particularly in regard to the defence operations