JAYA SHREE DEY Vs. UOI

JUDGEMENT

(1.) THIS matter has been repeatedly adjourned on the request of the petitioner urging that some additional documents have to be filed. At least four adjournments have been granted since 6th March, 2012 for this purpose. No additional documents have been brought on record. No particulars or relevance thereof are disclosed. We are not inclined to adjourn this matter for this purpose any more.

(2.) WE may also note that when the matter was called out, learned counsel for the petitioner opened arguments in the matter and only after we indicated that we were unable to find any infirmity in the order, the adjournment is requested by learned counsel to place additional documents. In any case, this writ petition assails the judgment dated 21 st April, 1990 passed by the Armed Forces Tribunal in TA No.732/2009. The judgment of the tribunal has to be tested on the material which was before the tribunal and not on additional material.

(3.) WE find that the impugned order notices the stand of the respondents to the effect that subsequent to commission, officers on Short Service Commission with the Armed Force Medical Corps are detailed for the Medical Officer Basic Course (MOBC) at Lucknow. It was customary to post officers to field area on completion of MOBC. Out of the total of 73 officers who attended the course with the petitioner, 70 officers were posted to field unit and only three officers including the petitioner were posted to peace stations. The posting order mentions that the posting was for a period of two years only and the applicant, therefore, knew that her tenure at Delhi was limited and was to expire in June, 2008. The posting order posting the petitioner was issued after completion of this tenure, only on 2nd January, 2009 with instructions to the petitioner to report to 310 Field Hospital by 5 th February, 2009 after the petitioner had served three years in the Base Hospital, Delhi. The petitioner preferred an application dated 27th January, 2009 for cancellation of the posting with the condition that if the request was not acceded to, she may be released from the army. The petitioner simultaneously applied for 60 days annual leave.