COL P K S BHATTY Vs. UOI

JUDGEMENT

(1.) The writ petitioner would retire from service on May 31, 2016. As of today he is left with one year and twenty three days' service. Currently the petitioner is posted at Delhi and is aggrieved by the impugned order dated April 10, 2015 and the signal of even date posting the petitioner to HQ 31, Armoured Division, Jhansi.

(2.) The petitioner was earlier constrained to file W.P.(C) No.2188/2015 being aggrieved by a posting order requiring him to join the 8th Mountain Division posted in the State of Jammu & Kashmir. The said writ petition was disposed of by this Court on March 09, 2015, noting that as of said date the petitioner had 445 days' service left, out of which he would be entitled to proceed to undertake training at a resettlement course for 189 days. He could avail leave for 160 days and thus would be required to perform duties for only 96 days. It was observed that the respondents ought to have kept said fact in mind while posting the petitioner to the 8th Mountain Division. It was noted in the order that though leave would not be a matter of right, but nonetheless petitioner's entitlement to the same was looming large in the realm of reality. The stand of the respondents was also noted that the petitioner had been retained at Delhi at his request and that as per the policy of the respondents the petitioner had to be given a last leg posting tenure called a viable tenure of 18 months. The Division Bench noted that the viable tenure of 18 months would have warranted the petitioner to be posted out from Delhi in November, 2014 so that commencing from December, 2014 the petitioner could have a viable tenure of 18 months at the place of posting. It was noted that notwithstanding an order being passed posting the petitioner out of Delhi in the month of November, 2014, the same was kept in abeyance due to exigencies of service by the Department and the petitioner was retained at Delhi till when the posting order dated January 30, 2015 was issued requiring the petitioner to join the 8th Mountain Division currently posted in the State of Jammu and Kashmir.

(3.) It was thus noted that the impasse between the minimum tenure of last leg posting and reality was not the fault of anybody. It was noted that the petitioner has a right to seek a last leg posting at a place of his choice as per the policy of the respondents, which policy was premised on justice and equity. A Government servant who has served the cause of the Nation and dedicated his youth, and especially in the Army, would be entitled to secure a residence for himself and his spouse before he superannuates from service and settle his affairs just before dusk sets in his life. It was thus directed that the representation of the petitioner for a last leg posting at the place of his choice be considered and an appropriate order be passed.