HAV B . SAKTHIVEL Vs. UNION OF INDIA

JUDGEMENT

(1.) "Only a soldier Musing, said the Czar, Only a Russian, who was a poor and brave Move on, I follow, such an one goes not Unhonoured to grave" - Agnes Mac Donnel.

(2.) "I belonged to that army, known as invincible in peace, invincible in war. But, I am invincible to my crying family now, please don't disturb me from last leg posting given to me." This is the plea made by the petitioner, who joined the Army on 25.06.1994,having completed 24 years of service, due to retire on 25.06.2020, having been posted at Chennai on last leg transfer on 30.04.2016 for 36 months, but, ordered to be transferred to Jammu and Kashmir by the order dated 20.08.2018. The order is under challenge in this writ petition.

(3.) The petitioner has served at various States in India in various area profile, like, hard area, high altitude area, field area and peace area. He worked at Jammu and Kashmir area alone for a period of 10= years, which is defined as hard area and field area for the purpose of posting. The petitioner was given last leg posting and the petitioner was posted at Chennai on 30.04.2016 for a period of 36 months. The petitioner could report for duty at Chennai only on 29.11.2016. Now, the petitioner has completed 1 year 10 months of service and he is yet to complete the remaining period ending on 25.06.2020. The petitioner has claimed that the family circumstances are so critical for him and therefore, his presence at Chennai is indispensable. The following reasons are stated: