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High Court of Judicature at Madras
K.N. BASHA
TVSK Reddy
Versus
Union of India, Through The Secretary, Govt. of India, Ministry of Defence & Others
W.P.No.9614 of 2011 & M.P.Nos.2 & 3 of 2011
Decided On : 30-09-2011
Transfer - Indian Air Force - Posting and Tenure Policy - [AIR 2004 SC 611, (1993) 1 SCC 54, (2004) 7 SCC 405, (2004) 11 SCC 402] - The court considered the petitioner's plea for relief from a transfer order and the respondent's contention that the transfer was not illegal. The court cited various decisions to establish that unless an order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision, it cannot be interfered with. The court granted the petitioner a temporary stay of the transfer order to address personal matters.
Fact of the Case:
The petitioner sought relief from a transfer order issued by the Indian Air Force, citing medical grounds and personal circumstances. The respondent contended that the transfer was lawful and necessary for the service.
Finding of the Court:
The court found that the petitioner had voluntarily undertaken the transfer and had not retracted the undertaking immediately. The court also noted that the transfer was not an outcome of any mala fide exercise of power or in violation of any statutory rules. However, the court granted the petitioner a temporary stay of the transfer order to address personal matters.
Issues: The main issue was whether the transfer order was lawful and whether the petitioner's plea for relief should be granted.
Ratio Decidendi: The court established that unless an order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision, it cannot be interfered with. The court also considered the petitioner's plea for temporary relief due to personal circumstances.
Final Decision: The court granted the petitioner a temporary stay of the transfer order to address personal matters.
1. Though this matter is posted for submitting arguments in respect of the vacate stay petition, by mutual consent of both the parties, the main writ petition itself is taken up for final hearing.
2. The petitioner has come forward with this petition seeking for the relief of quashing the Impugned Order No.8BRD/2602/2/P3, dated 16th November 2010, passed by the 3rd respondent (with the authority No.RO/RDB/455, dated 04th November 2010 & RDB/451, dated 07th January 2011, passed by the 2nd respondent) and quash the impugned order passed by the 3rd respondent and direct the respondents not to post out the petitioner from the present until till petitioner's date of discharge i.e., on 31st May 2013, which falls within the normal posting tenure or the petitioner may be given discharge from service with immediate effect, with all consequential monetary benefits.
3. The case of the petitioner is that he has joined Indian Air Force as an Airman on 22.02.1991 and he was posted at No.8, BRD, Air Force Station Avadi, Chennai under the third respondent herein with effect from 25.05.2009. He was promoted to the rank of Junior Warrant Officer on 01.06.2010. The petitioner was having unblemished record of service as a devoted, dedicated and loyal soldier. The petitioner was posted in different units of the respondents but he was never posted in his home town. He is having aged parents, wife and one minor girl child. He has also demolished his ancestral house and started new construction of house for his resettlement at Gudur, Andhra Pradesh State, with the hope that he would have his last posting tenure with the third respondent at No.8, BRD, Air Force Station Avadi, Chennai.
4. The petitioner was posted at No.331, TRU, Shahsitar, Jammu & Kashmir on 10.03.2008 for a limited tenure of 2 years as the said Unit of the respondents is classified as hard area. As per the Posting and Tenure Policy of the respondents, after a hard area posting, the petitioner was entitled for a choice of posting with a normal tenure for 4 to 5 years. The petitioner sustained grievous injuries in an accident on 25.10.2008 and he was admitted in a hospital with multiple fractures and underwent operations. The petitioner has not recovered fully and he has problem in his right knee and left wrist. The petitioner, as per his choice, was posted at No.8, BRD, Air Force Station, Avadi, Chennai. The petitioner was given promotion to the rank of Junior Warrant Officer on 01.06.2010 and re-posted at the same unit and subject to undertaking to serve 3 years from the date of promotion and the third respondent arbitrarily obtained signature from the petitioner with influence, as if he was willing to serve 3 years more from the date of his promotion to the rank of JWO. The petitioner is left with no other option, except to sign the printed papers of the respondents.
5. The petitioner made a representation to the third respondent stating that posting tenure is a normal tenure for 4 to 5 years as he had came from hard area and as such, he should not been transferred on promotion. However, his representation was not accepted and the petitioner was posted at No.859 SU, Jaisalmer as per the impugned order No.8 BRD/2602/2/P3 dated 16.11.2010 passed by the third respondent. The petitioner made a representation for cancellation of the said order as per his application dated 11.11.2010. The second respondent considered the representation of the petitioner partially and modified the date of posting from 28.02.2011 to 02.05.2011, vide Signal No.RDB/451 dated 07.01.2011 and Signal No.RDB/961 dated 11.01.2011. The petitioner made further representation dated 18.01.2011. However, the said representation was also rejected on 25.03.2011. Being aggrieved against the said orders, the petitioner has come forward with this petition with the above said prayer.
6. The learned counsel for the petitioner mainly contended that the impugned order of transfer was passed against the writ petitioner t
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