PARBAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was recruited as Jawan in the Indian Army on 15/2/2004 and is working in Parachute Regiment, 10 Para (Special Force) at Jodhpur, has filed the present writ petition in this Court on 22/3/2014 with the following prayers:--

(2.) Normally, this Court would not have interfered in the administrative matters like transfer, posting and attachments of a Jawan in Indian Army as the respondent Indian Army has a peculiar set up & being a sensitive Department the transfers, postings & attachments of Jawans are in their exclusive domain, however, in the present case it appears that the petitioner is sought to be attached and posted from one place to another, for some period to Para Regiment Training Centre, Bangalore and then asked to report at Nahan (Himachal Pradesh) and now sought to be shifted from Para Regiment, Jodhpur, where he gets a special monthly allowance also, on the purported ground that he is not mentally and physically fit to work in the said special wing of the Indian Army. The case set by the petitioner with the help of documents is that the medical examination was conducted at Jodhpur in his absence on the date when he was admittedly in Himachal Pradesh and that the observations about his mental and physical health made by the different officers are out of bias against him. He is absolutely mentally & physically fit. The petitioner has also submitted that on account of his family dispute with his wife, he even has sought voluntary retirement from the service and a copy of the said application has been placed on record as Annex. R/2 dated 12/2/2013 along with the reply filed by the respondents today, which application appears to have been processed and forwarded to the concerned authorities.

(3.) Learned counsel for the petitioner, Mr. M.S. Rathore, during the course of arguments, also submitted that the petitioner is absolutely fit, physically & mentally and on account of extraneous reasons, the private respondents, who have been impleaded by names, namely; Col. Sangram Singh, Commanding Officer, 10 Para (Special Force), India Army, C/o. 56 A.P.O., Jodhpur and Major Bhimiya P.S., 10 Para (Special Force), Indian Army C/o. 56 A.P.O., Jodhpur are unnecessarily harassing the petitioner and the postings and attachments at different places treating him as shuttle cock has a connection with the family dispute with his wife, in which the wife of the petitioner has approached these officers and the harassment is being made at her instance by these officers. Learned counsel for the petitioner also pointed out that there are some other Jawans in the same Special Force of the Indian Army at Jodhpur, who are really physically unfit, like Lance Naik M. Khagadia, Lance Naik Surendra Rana, PTR Dana Kumar and PTR N. Govind Raj and who have been retained in the same Special Parachute Wing at Jodhpur but the petitioner is sought to be now posted at Grenadier Unit at Jabalpur.