Jharkhand High Court
Ajaya Kumar P vs Union Of India Through The Ministry Of ... on 5 February, 2015
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6618 of 2014
Ajaya Kumar P., son of Late K. Parameswaran Nair, Permanent Address-
Village - Edacode ( Pallichal), P.O. - Nemom, P.S. Nemom, District
Trivandrum, Kerala. ......Petitioner
Versus
1. Union of India through the Ministry of Defense, South Block, New Delhi
2. Director General of Military Intelligence, MI Directorate, South Block,
Integrated Head Quarters of MoD ( Army), New Delhi
3. Maj Gen, OIC Record Intelligence Corps, P.O. and P.S. - Wanawadi, Pune,
Maharashtra
4. Maj Gen, GOC,23 Inf Div. , Dipatoli Cantt, P.O. and P.S. - Bariatu, District-
Ranchi
5. Col, Col GS, 23 Inf Div. Dipatoli Cantt, P.O. and P.S. - Bariatu , District -
Ranchi
6. Lt Col, Officer Commanding, 23 Inf Div FS Section, Dipatoli Cantt, P.O.
and P.S. - Bariatu, District - Ranchi
7. Lt Col, Chief Record Officer, Record Office, Intelligence Corps, P.O. and
P.S. - Wanawadi, Pune, Maharashtra ......Respondents
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
---------
For the Petitioner : M/s R.S.P. Sinha &
R.K. Sinha,Advocates
For the U.O.I. : Mr. Rajiv Sinha (ASGI)
th
02/Dated: 5 February, 2015
Petitioner has approached this Court for quashing the order dated 4 th
October, 2014 as Posting Order no. 175: JCO (INT GD), issued under the
signature of Lt. Colonel Ashok Routry, the Chief Record Officer, for and on
behalf of OIC Records by which petitioner has been transferred from 23 Infantry
Division FS Section, Dipatoli Cantt, Ranchi to 14 FD Sub GP, Jammu and
Kashmir and also to quash the Movement Order dated 05.12.2014.
The grievance of the petitioner in the writ petition is that the petitioner
was appointed in the Indian Army on the post of Soldier on 13.11.1987 and in
the due course he was promoted to the rank of Junior Commissioner Officer
(JCO) i.e. Subedar. But at no point of time he was either posted to his home
State or he has ever availed any choice posting. On 3rd September, 2012, the
petitioner was transferred to 23 Infantry Division, FS Section, Dipatoli, Ranchi
from Head Quarters, Eastern Command IIT, Fort William, Kolkata and since
then he is posted at Dipatoli, Ranchi and is discharging his duty at Ranchi.
It has been submitted on behalf of petitioner that while the petitioner was
posted at Eastern Command, Kolkata, he was detected to be suffering from
Pulmonary Tuberculosis therefore, he was referred to Military Hospital
-2-
(T.B. Hospital), Namkum, Ranchi for proper treatment.
It has been further submitted by the learned counsel for the petitioner that
from Kolkata, the petitioner was transferred to Jammu and Kashmir in 2012 but
the Doctors had advised that since he was suffering from Pulmonary
Tuberculosis, therefore he should not be posted at extreme cold climatic region
like Jammu and Kashmir and as such he was again transferred to Dipatoli,
Ranchi in view of the advice of the Doctor vide posting order dated 09.10.2012
(Annxure-1). The petitioner is still under treatment due to said ailment but in the
midst of the treatment he was transferred to Jammu and Kashmir and without
considering the fact that he could not perform his duty in State like Jammu and
Kashmir due to such nature of disease.
Further submission has been made that his only son Akhil A.D. is
pursuing his studies in Class-XII in Army Public School, Dipatoli, Ranchi and
his final examination is scheduled to be held in the month of March, 2015, and
as such the submission has been made that if the order of transfer will not be
interfered with, both the petitioner and his son will suffer.
The further grievance is that the petitioner has made several
representations before the respondent authorities but his case has not been taken
into consideration and no order has been passed by the authorities in this regard.
Learned counsel for the petitioner has submitted that the petitioner being a
member of disciplined force has reported to the transfer place of posting on
04.01.2015and he at this moment is discharging his duty in spite of having various physical ailments from which he has been suffering.
Learned counsel for the petitioner has submitted that the case of the petitioner requires to be considered in the light of Record Office Instructions :
Intelligence Corps as contained in ROI : 01/2009, Annexure-8 annexed to the writ petition, wherein the provisions has been made for taking decision regarding transfer from Clause 14 onwards.
On the other hand learned counsel for the Union of India has submitted that although no decision has been taken in regard as yet, but he has fairly submitted that the case of the petitioner will be considered in the light of prevailing rules and regulations and decision will be taken in accordance with law.
In that view of the matter, writ petition is disposed of giving liberty to the petitioner to file fresh representation before respondent no. 2 i.e. Director -3- General of Military Intelligence, MI Directorate, New Delhi by giving all details including the medical prescriptions and in support of proof of son's studying in class-XII within a week from the date of receipt of copy of this order and on receipt of such representation, the concerned respondents shall take a decision in this regard and communicate the same to the petitioner within further period of three weeks from the date of receipt of representation.
(Sujit Narayan Prasad, J.) Tarun