LAISHRAM MANORANJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the order dtd. 19/8/2021 passed by the third respondent and the rejection order dtd. 4/2/2021 as well as the original transfer order dtd. 20/5/2021 issued by the third respondent and to reconsider his transfer and posting in terms of the Office Memorandum dtd. 30/9/2009 and as per the guidelines for posting on compassionate ground.

(2.) Brief facts are that the petitioner, who was working as Major in the Indian Army, applied for transfer and posting on 16/2/2019 in light of the Office Memorandum dtd. 30/9/2009 to Leimakhong area or 57 Mtn Div Ord Unit on the grounds that his wife was working as Assistant Professor at Indira Gandhi National Tribal University, Regional Centre, Manipur and he never stayed at his hometown. In case, he has been posted at Leimakhong area, he will be able to live together with his wife and also with his new born baby. Since the said application was not considered by the competent authority, the petitioner preferred another representation on 30/7/2019 requesting the General Officer, Commandant, HQ 57 Mtn Div, C/o 99 APO seeking transfer and posting at Leimakhong.

(3.) On 12/8/2020, the petitioner approa-ched the third respondent along with application seeking transfer on compassionate ground. By the order dt. 4/2/2021, the request of the petitioner was rejected by the competent authority, however, directed to request for GC Posting (Compassionate Grounds Posting). According to the petitioner, his case has never been considered by the competent authority and the competent authority had failed to consider the OM dtd. 30/9/2009.