SQN LDR K V RAO Vs. UOI

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the legality and validity of the posting order dated 29.6.2004 whereby the petitioner has been posted to Nalliya, Gujarat with effect from 16.8.2004 under Air Headquarters Signal dated June 29, 2004. The petitioner was posted to Air Force Station Yelhanka, Bangalore by an order dated 26.10.1998 and thereafter the petitioner was posted to Air Headquarter by an order dated 21.5.2001. Since then the petitioner has been staying in Delhi and working in the Air Headquarter.

(2.) Now, when the aforesaid posting order has been issued posting the petitioner to Nalliya, Gujarat, the petitioner has filed the present petition challenging the aforesaid order of transfer and posting of the petitioner.

(3.) We have heard the counsel for the petitioner at length as also the counsel for the respondents. Counsel appearing for the petitioner has stated that the aforesaid order of transfer has been passed as the petitioner had objected to holding of Sky Diving Course at Hyderabad, which was not suitable for the purpose. It is also submitted by the counsel for the petitioner that the aforesaid order of posting which is issued by the respondents has been issued in order to harass the petitioner because of the aforesaid objection taken by him for holding the Sky Diving Course at Hyderabad and, therefore, it is punitive. It is submitted that in case the aforesaid posting order is not cancelled, not only would the petitioner be adversely affected but his personal case which is pending in Agra pertaining to matrimonial disputes with his wife would also suffer as the petitioner would not be able to give personal attention to the case, being stationed at a far away place.