Delhi High Court - Orders
Col Rampal Singh Tomar vs Union Of India And Ors on 18 January, 2022
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~S-67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1089/2022
COL RAMPAL SINGH TOMAR ..... Petitioner
Through: Mr.Abhishek Kumar Choudhary,
Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Ripudaman Bhardwaj, Advocate
with Mr. Kushagra Kumar, Advocate.
Maj. Partho Katyayan.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 18.01.2022 CM APPL.3106/2022 (exemption) Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of. W.P.(C) 1089/2022 The petition has been heard by way of video conferencing. Present writ petition has been filed challenging the Order dated 21st December, 2021 passed by the Respondents. Petitioner also seek a direction to stay the impugned Order and to cease and desist from taking any adverse action against the Petitioner, either in present or in the future, without the leave of this Court.
Learned Counsel for the Petitioner states that the Petitioner is a Colonel and Senior Advisor (Paediatrics), Military Hospital, Delhi, and is due to retire in two years. He states that the Petitioner has been arbitrarily transferred from Delhi after merely two years of posting, as against the Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:19.01.2022 19:32:29 routine tenure of three to four years, to a remote hilly area Kalimpong, West Bengal by the Respondents vide the impugned order dated 21st December, 2021. He states that the same is in violation of the Army's own policy guidelines providing for 'last tenure posting' and 'extension of tenure'.
Mr.Ripudaman Bhardwaj, learned counsel for the respondents, states that the petitioner has been enjoying peace posting since 1998 and has been posted in Delhi since 2014, except for a short tenure of two years at Secunderabad.
Mr. Bhardwaj has screen-shared the petitioner's letter and undertaking dated 26th February, 2019 seeking extension of posting in Delhi.
Issue notice. Mr.Ripudaman Bhardwaj, learned counsel for the respondents accepts notice. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
The respondents are directed to decide the petitioner's representation dated 21st December, 2021 as well as the premature retirement application dated 31st December, 2021 as expeditiously as possible.
However, it clarified that there is no interim order passed by this Court.
List on 1st August, 2022.
MANMOHAN, J NAVIN CHAWLA, J JANUARY 18, 2022 TS Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:19.01.2022 19:32:29