SUBEDAR MAJOR MUKESH RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has come before this Court against the order dated 27-1-2010 issued by the respondent No. 3, contending that the petitioner is transferred from G.E. (East) Jabalpur Madhya Pradesh to H.Q. 136 Wks Engrs Siliguri (West Bengal) which is about 1700 kilometer away from the present place of posting. It is contended that the petitioner, who is going to retire on 31st December, 2011 has been shifted in such an illegal manner to a far of place. It is further contended that such shifting of the petitioner will disturb his study of B.E. (Civil) from Government Engineering College, Jabalpur which course he is prosecuting with the due sanction of the competent authority. It is contended that he made a representation, specifically pointed out the provisions made in the Record Office Instructions with respect to Last Tenure of Posting, but the said representation was not considered, therefore, he was required to file the present writ petition with a prayer to invoke extraordinary jurisdiction of this Court to interfere in the order of transfer.

(2.) Facts giving rise to filing of the present petition in brief as pleaded by petitioner, are that the petitioner was junior commissioned officer as defined under the Army Act, 1950 (in short the Act hereinafter). He is designated as Subedar Major, Junior Engineer (Civil), enrolled in Bengal Engineer Group "A". He had completed 15 years of service without any stigma or any adverse remark. It is contended that corps of the petitioner is Non-combat and he is presently posted under the control of Respondent No. 5 Garrison Engineer (East) M.E.S. Jabalpur M.P. where he was posted in the month of December, 2007. According to the petitioner since he was to retire in the month of December, 2011, he obtained sanction to prosecute B.E. Degree Course in Government Engineering College, Jabalpur, which sanction was granted to him vide Annexure P/1 dated 29th December, 2007.

(3.) It is the case of the petitioner that there are provisions made in the Record Office Instructions in para 1491 which reads thus :