SUBEDAR MAJOR JANAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks the relief of recalling/cancellation of the order of his posting as made on 18.04.2007 (Annex.P/3) with the submissions that he was enrolled in the Army on 29.07.1975; that ultimately he was promoted to the Rank of Subedar Major on 06.12.2004 and thus he would be eligible to serve in the Army for four years as Subedar Major; that on completing such period of four years during the month of December 2008, he will be discharged on 31.12.2008; that he has rendered 32 years of unblamished service in various Ranks and posted at different areas; that his previous posting was at 868 EWS at Rangapahar [Dimapur (Nagaland) - a counter insurgency operation area (CI Ops.) posting] from August 2003 to September 2005; that he has not even completed two years' tenure at the present Station under respondent No. 4; and the respondent No. 2 Officer Incharge Records has issued posting order PBOR in respect of the petitioner with others (Annex. P/3) on 18.04.2007 transferring him from the present Unit with the Garrison Engineer (AF), Jodhpur to 58 Engr. Regt. located at Leh, which is High Altitude Area (HAA); that the respondent No. 4 took up the case of the petitioner for cancellation of posting with reference to Posting Policy ROI 12/2002 (Annex.P/2) highlighting all the facts in relation to the petitioner of his having served in CI Ops. area from April 2003 to September 2005, and being again posted to HAA after one and half years, though he is due to retire in December 2008, and has not completed the normal tenure of three years period of four years as per ROI 12/2002; that the petitioner submitted a request for last leg posting stating his earlier postings and imminent retirement and the difficulty his family was likely to face; that the request made by the petitioner was duly forwarded to the respondent No. 2 (vide Annex.P/7) but the same was rejected by the Officer Incharge Records under communication dated 25.05.2007 (Annex.P/8); and that now the respondent No. 2 has issued movement order on 31.07.2007 with instructions to the petitioner to proceed on permanent duty to 58 Engr. Regt. so as to report on 31.08.2007.

(2.) The petitioner has submitted that the posting order dated 18.04.2007 is in clear contravention of the posting policy issued by the respondent No. 2. It has particularly been submitted that the petitioner has not completed three years at the present posting; is due to retire in the month of December 2008; and is entitled to retire from the present place of posting.

(3.) Learned Counsel Mr. S.K. Nanda appearing for the petitioner has strenuously contended with reference to the Posting Policy (Annex.P/2) that posting of the petitioner to HAA by the order impugned is squarely in contravention of said policy issued by the respondents that has practically the statutory force and is meant for adherence and not contravention. Learned Counsel has particularly referred to the following clauses in the posting policy for consideration,-