WING COMMANDER, A. MAHESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner had been granted a posting to Akkulam which is in his home state only on 26.3.2020 and that even before he completed 8 months of service in the newly joined post, he has been shifted out by Ext.P5 order. It is submitted by the learned counsel for the petitioner that the petitioner was entitled to continue in the transferred post at least for the three years from the date of transfer and that the order shifting him out is completely unjustified. It is stated that the transfer is in violation of Ext.P9 guidelines and that the petitioner had specifically pointed out that he was medically unfit to carry out the arduous duties for which he is posted at Assam. The learned counsel for the petitioner further submits that Ext.P11 representation has been submitted by the petitioner before the respondents, which is liable to be considered before further orders are passed in the matter.