BISWABRATA DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner, who is a member of the armed forces and is deployed us an Electrical mechanical Engineer in the E. M. E. wing, has questioned an order of posting whereby he has been posted to 628 E. M. E. Kupwara (Kashmir)under the Northern Command. The said order of posting has been challenged by the petitioner on grounds of victimisation and malafide and also on the ground that the petitioner had earlier served for two periods under the Northern Command and he was being moved back to the said command without being allowed to complete his normal tenure on compassionate posting of. two years at 338 Recovery Coy. , E. M. E. Station workshop, Ballygunge, Calcutta.

(2.) APPEARING in support of the writ petition, Mr. Arun Prokash Sircar submitted that the petitioner had served under the Central Command from 13th May, 1986, to 8th July, 1969 and, thereafter, in the Northern command from 9th July, 1989 to 1st June, 1992, which were field postings. Subsequently, the petitioner was posted in the Western command till 7th September, 1996, and from 8th September, 1996, he was posted at Calcutta on compassionate posting.

(3.) MR. Sircar submitted that, although, the petitioner was brought to calcutta on compassionate posting he was sent to Nagaland, which was a field posting in a hard zone, on Temporary Duty for a period of nine months, thus depriving the petitioner of the benefits of compassionate posting for nine months out of the normal tenure of two years, Mr. Sircar submitted that instead of allowing the petitioner to continue in his posting at Calcutta for the period during which he was sent to Nagaland, the petitioner has been issued posting at Kupwara once again under the northern Command.