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Central Administrative Tribunal
Principal Bench
OA No.4571/2018
New Delhi, this the 19th day of December, 2018
Hon’ble Mr. Justice L. Narasimha Reddy, Chairman
Hon’ble Mr. K. N. Shrivastava, Member (A)
Shri Rajiv Yadav, SE
MES-602027
aged 58 years,
Group ‘A’,
Chief Engineer,
R/o P-579/1, Nirman Vihar,
Military Station, Jaipur.
... Applicant.
(By Advocate : Shri Janak Raj Rana)
Versus
1. Union of India through
The Secretary
Ministry of Defence
South Block,
New Delhi 110 011.
2. DG (Pers)
HQ, Military Engineer Services
Kashmir House, Rajaji Marg,
New Delhi 110 011.
... Respondents.
(By Advocate : Shri D. S. Mahendru)
: O R D E R (ORAL) :
Justice L. Narasimha Reddy, Chairman:
The applicant is working as Superintending Engineer
in the Military Engineering Service. Through order dated
07.12.2018, he has been transferred from the establishment
at Jaipur to the one at Kolkatta. The same is challenged in
this OA.
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2. The applicant contends that it was only two years ago,
that he has been transferred from Meerut to Jaipur on his
request, and though he made a request for last leg posting,
since his left over service is less than three years, the
respondents transferred him to Kolkatta, a far off place,
without considering his request. He further contends that
his son is suffering from cardiac ailment and a specialised
treatment is being given to him at Medanta Hospital,
Gurugram. With these and other allied contentions, he
submits that the order of transfer deserves to be set aside,
insofar as it concerns him.
3. The matter was argued at some length on the previous
date of hearing, and on our direction, learned counsel for
the respondents obtained instructions. He contends that
the transfer is a part of routine transfers, effected all over
the country, and strictly in accordance with the policy
guidelines. As regards the plea of the applicant about the
last leg posting, learned counsel submits that an officer who
has ten years of left over service is entitled to claim the
benefit of either transfer on compassionate grounds or last
leg posting, and if one is availed, he shall not be entitled to
claim the other.
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4. We heard Shri Janak Raj Rana, learned counsel for the
applicant and Shri D. S. Mahendru, learned counsel for the
respondents.
5. The applicant no doubt was transferred from Meerut to
Jaipur just two years ago. However, the order of transfer
dated 28.06.2015 discloses that it was on compassionate
grounds, clearly mentioning that the tenure is only for two
years. The applicant does not dispute these aspects.
6. The Ministry of Defence has formulated the policy in
the context of transfers and postings. It runs into 28 closely
printed pages. The Compassionate/Last Leg Postings are
dealt with under Clause-12 (b). An officer who has left over
service of two years can seek last leg posting to a station
which is nearer to his native place, and his request in this
regard can be initiated three years before retirement. If the
provision is to operate in isolation, the applicant certainly
has a case in his favour, because his left over service is less
than three years. However, sub-clause-(vi) of the said
paragraph militates against the applicant. It is to the effect
that an officer with ten years or less residual service can
avail only one of the facilities viz. compassionate or last leg
posting. The applicant availed the benefit of compassionate
posting at a time when his left over service was less than ten
years. In that view of the matter, he is not entitled to claim
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the benefit of last leg posting. Therefore, the contention of
the applicant in this behalf cannot be accepted.
7. Another ground pleaded by the applicant is that as
against 45 days of time for reporting to the station, he is
required to report forthwith. Though much would depend
upon the exigency of service or requirement at various
stations, we are of the
