IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 6 TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 WP(C) NO. 8651 OF 2025 PETITIONER:

JAYAKRISHNAN B.L., (JC-701035P SUB (NT), AGED 41 YEARS S/O. P.BALACHANDARAN NAIR, GOURISANKARAM, PARAPPARA P.O., THOLICODE, THIRUVANANTHAPURAM., PIN - 695551 BY ADV E.V.MOLY RESPONDENTS:

1 UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF DEFENCE NEW DELHI., PIN -

110001

2 THE CHIEF OF ARMY STAFF THE CHIEF OF ARMY STAFF, SOUTH BLOCK NEW DELHI., PIN -

110001

3 INTEGRATED HEAD QUARTERS OF MOD (ARMY ADJUTANT GENERAL’S BRANCH, DIRECTORATE GENERAL OF MEDICAL SERVICES (ARMY) DGMS-4A 'A' BLOCK, 3RD FLOOR DEFENCE OFFICES COMPLEX, K.G.MARG, NEW DELHI, PIN - 110001

4 AMC (RECORDS)

LUCKNOW (UP), C/O. 56 APO, PIN - 900450 5 COMMANDING OFFICER, MH TRIVANDRUM PANGODU MILITARY STATION, THIRUMALA P.O., TRIVANDRUM, PIN -

695006 DAYA SINDHU SREEHARI-CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of March, 2025 The petitioner is serving as Army Nursing Technician (JCO). The petitioner was enrolled in the Army initially on 12.08.2002. The petitioner has been serving in the station at MH, Trivandrum, which is his hometown, since 06.02.2022. The petitioner has been transferred vide impugned order dated 18.12.2024 to 187 MH in Rajasthan. The petitioner has not given his joining and approached this Court in this writ petition alleging that the petitioner has applied for premature retirement on medical category/permanent disability and, without considering the application, the petitioner has been transferred out from his current location, Trivandrum to Rajasthan. It is submitted that the impugned transfer order may be set aside, and the respondent authorities be directed to consider the application of the petitioner for premature retirement on medical grounds.

2. The petitioner’s application for premature retirement is dated 18.02.2025. However, the petitioner was transferred before the said date vide order dated 18.12.2024. The petitioner cannot remain posted at Trivandrum despite the transfer order dated 18.12.2024 on the ground that his application for premature retirement has not been considered when he has filed his application only on 18.02.2025. Such a plea is wholly untenable. Even otherwise, this Court would not interfere with the transfer and posting of Army personnel. The decision regarding transfer and posting is to be taken by the competent authority. The petitioner has already served more than 3 years at his current location, his hometown. The petitioner wants to serve at his hometown till he gets retired or in validate out of the service.

3. In view thereof, I do not find any substance in this writ petition, which is hereby dismissed. However, the petitioner is granted one week time to join his transferred place of posting and if the petitioner joins the transferred place of posting, no disciplinary proceedings shall be initiated against him. The competent authority should take a necessary decision on the application of the petitioner dated 18.02.2025 for premature retirement on medical grounds.

With the aforesaid direction, the present writ petition stands dismissed Sd/-

D.K. SINGH JUDGE AP APPENDIX OF WP(C) 8651/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEDICAL BOARD PROCEEDINGS HELD FOR CATEGORIZATION ON 12.01.2023 AND RE-

CATEGORIZATION ON 10.07.2023 FOR MEDICAL CATEGORY, AT MH, TRIVANDRUM Exhibit P2 THE TRUE COPY OF RELEVANT DOCUMENTS RELATING TO THE HEALTH CONDITION OF THE PETITIONER’S MOTHER FOR CAUSES.

Exhibit P3 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED

8.2.2024 ISSUED BY ANANATHAPURI HOSPITAL Exhibit P4 THE TRUE COPY OF THE TREATMENT CERTIFICATE DATED

26.12.2017 ISSUED BY RCC, TRIVANDRUM RELATING TO -IN-LAW PETITIONER’S MOTHER Exhibit P5 THE TRUE COPY OF THE CERTIFICATE DATED 21.02.2025 ISSUED BY KIMS HEALTH.

Exhibit P6 THE TRUE COPY OF TH