Punjab-Haryana High Court
No. Nt-16736W Lt Col Rampal vs Union Of India And Others on 6 August, 2024
Neutral Citation No:=2024:PHHC:100460
CWP-17419
17419-2024
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(112)
CWP-17419-20242024
Date of Decision:-06.08.2024
06.08.2024
NO. NT-16736W
16736W LT COL RAMPAL
......Petitioner
Versus
UNIOIN OF INDIA AND OTHERS
......Respondentss
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Co. B.S. Bajwa (Retd.), Advocate for the petitioner
petitioner.
Mr. Parvesh K. Saini, Senior Panel Counsel
for the respondents-UOI.
****
ALOK JAIN, J. (Oral)
1. The present petition has been filed inter alia praying for issuance of a writ in the nature of certiorari seeking quashing of the impugned order passed by DIR MSP IHQ INDIAN ARMY DGMS DGMS-1B 1B message No. B/16736/DGMS1-B B/16736/DGMS1 B dated 18.06.2024 (Annexure P P-1).
2. The short issue involved in the present petition that the respondent Authorities have transferred the petitioner from Jalandhar to Gwalior and the petitioner has very fairly submitted that he is not challenging the transfer order but has only agitated that since he had applied for the last tenure posting (LTP) before the transfer order had been issued,, the same was not considered in accordance with the rules and has been rejected summarily. He further submits that the medical condition of 1 of 3 ::: Downloaded on - 08-08-2024 16:35:34 ::: Neutral Citation No:=2024:PHHC:100460 CWP-17419 17419-2024 2 the wife of the petitioner has also also not been taken into account though fairly submits that he is not entitled to get extension of posting on compassionate grounds as he has already availed the same but since only one and a half years of his service is left, he is entitled for the last tenure ure posting which he had applied for but his choice, in fact, has not been considered considered.
3. Learned counsel for the respondent respondent-UOI UOI has pointed out that response submitted, submitted especially para 13 and 14 which reads as under:
under:-
13. "That That after issue of posting oorder rder to MH Gwalior an application for last tenure posting (LTP) was received in DGMS (Army) by the petitioner wherein he requested for Hissar / Jalandhar / Jodhpur or Bikaner as his LTP station. The application was examined and not agreed by competent auth authority.
14. That the petitioner had applied for cancellation of present posting order and last tenure of posting only after his posting order issued on 21.05.2024, on medical ground of his spouse (Chronic Kidney Disease, Bronchial Asthma and Behchet's disease) and desirous of settling his family in his native place in Rajasthan.
The petitioner oner had applied to either allow him to continue in Jalandhar till superannuation or to be posted to Hissar / Jodhpur or Bikaner, none of which are Nephrology Centres. The same was deliberated upon at this Dte Gen and not agreed by the competent authority."
4. Learned counsel for the respondent further submits that the petitioner's application for LTP has duly been examined but not accepted by the competent Authority.
2 of 3 ::: Downloaded on - 08-08-2024 16:35:34 ::: Neutral Citation No:=2024:PHHC:100460 CWP-17419 17419-2024 3
5. Learned counsel for the petitioner has pointed out that no reasons have been mentioned while rejecting his application.
6. In light of the above, without expressing any opinion on the merits, the present petition stands disposed of with a direction to the Authorities to consider the application of the petitioner afresh for the la last st tenure posting in accordance with the rules applicable within one week from today including affording an opportunity of hearing to the petitioner and in case, the Authorities do not agree with the request of the petitioner, they are directed to pass a speaking speaking order and convey the same to the petitioner by giving him at least one weeks' time to agitate his claim claim.
7. Interim order to continue till the time given to the petitioner to agitate his claim has elapsed.
(ALOK JAIN) JUDGE 06.08.2024 Parul Whether speaking/reasoned:
speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
3 of 3
::: Downloaded on - 08-08-2024 16:35:34 :::