Telangana High Court
Suresh Babu Kalluri vs The Ministry Of Defence on 5 June, 2024
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.4313 of 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of respondent No.3 issuing Unilateral Movement Order upon petitioner vide case file No 1012/229/CA-1 dated 09 February 2024 to get transferred petitioner from his present posting on 24February 2024without considering the policy of posting JCOs/OR with Paraplegic /Spastic /Differently Abled Children for Specialized Treatment Dated 09/04/2012 and recommendation given by respondent no.7 on 25/07/2023 is illegal, arbitrary, unconstitutional and also violation of the principles of natural justice consequently direct the respondent no. 3 to cancel the orders issued by his office on 09/02/2024 as it is contrary to JCOs/OP with Paraplegic /Spastic /Differently Abled Children for Specialized Treatment Dated 09/02/2012 and recommendation given by respondent no.7 on 25/07/2023 in the interest of protection public health and environment and pass..."
2. Heard Sri M. Prudhvi Raj, learned counsel appearing for the petitioner, and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, on behalf of respondent Nos.1 to 7.
3. Learned counsel for the petitioner submits that the petitioner was enrolled in the Army Postal Service Corps on 19.04.2005, and had completed eighteen years of unblemished service in the Organization. The petitioner is currently working at the Headquarters, 54 Artillery Brigade (934 Field Post Office) w.e.f., 01.07.2021, on medical grounds, in connection with his differently-abled son. He further submits that while 2 PK,J W.P.No.4313 of 2024 the petitioner was working under respondent No.2, he had shifted his family to New Delhi for specialized treatment of his differently-abled son. After undergoing specialized treatment for long years, the Speech Therapist of the Base Hospital, Delhi Cantonment, personally advised the petitioner that his son has to receive speech therapy in an environment where everyone speaks the same language in order to support his IQ level. As such, the petitioner had requested, for the first time, for posting him to Secunderabad station, citing the health condition of his differently-abled son, vide his representation dated 09.02.2021. On considering the same, the petitioner is transferred to the present station of work i.e., Secunderabad, vide posting order No.120/2021 dated 11.03.2021, in accordance with Paragraph 9(d) of ROI 02/2012, without confirming the availability of the Army Asha School and National Institute for Empowerment of Persons with Intellectual Disabilities (Divyangjan) (NIEPID) at Secunderabad, Telangana, under control of the Government of India.
4. Learned counsel further submits that petitioner's son is studying in Primary at Bison Asha School, Bowenpally, Secunderabad, w.e.f., 08.07.2021 and is undergoing specialized treatment (Physiotherapy, Speech & Occupational Therapy) at Military Hospital and National Institute for the Empowerment of Persons with Intellectual Disabilities 3 PK,J W.P.No.4313 of 2024 (Divyangjan), Secunderabad, based on a referral from Military Hospital, Secunderabad. Despite the same and the recommendation given by respondent No.7 on 25.07.2023, and without considering the policy of posting of JCOs/OR with Paraplegic/Spastic/Differently-Abled Children for Specialized Treatment dated 09.04.2012, respondent No.3 has arbitrarily issued the Unilateral Movement Order dated 09.02.2024 for relieving the petitioner w.e.f., 24.02.2024 in connection with the posting order No.68/2023 (1020/68/CA-1) dated 13.06.2023, whereby, the petitioner is posted to a Field area. Therefore, learned counsel for the petitioner prays this Court to pass appropriate orders in the present writ petition.
5. Per contra, learned Deputy Solicitor General, on behalf of the respondents submits that the petitioner joined the Army Postal Service (APS) Corps on 09.04.2005. After completing Basic Military Training, the petitioner was struck of strength from APS Centre w.e.f., 13.04.2006 and since then, he rendered his services in various stations. Further, the petitioner has been working in Peace Areas since 16.05.2017, and had not been stationed in Field Areas for the past seven years. He further submits that the petitioner was posted at the present place of work on Extreme Compassionate Grounds (Medical Grounds) on 11.03.2021, and as per Paragraph 9(d) of ROI 02/2012, posting on Extreme Compassionate 4 PK,J W.P.No.4313 of 2024 Grounds is restricted to two years, which was completed by 11.03.2023. However, at the request of the petitioner, he was given various options like extension of up to one year on Extreme Compassionate Grounds. Since the petitioner was due for posting, he was eventually posted to Headquarters 71, Sub Area/886 FPO (Field Area) vide posting order No.68/2023 dated 13.06.2023 with move completion by 31.07.2023, duly keeping in view the Asha School facilities to meet the service profile of the petitioner, in the organizational interest. He further submits that as per Paragraph No.20 of ROI 02/2012, once a posting is issued, requests for cancellation or change of the posting at a later stage cannot be accommodated as it would disrupt the movement of other personnel in the chain and adversely affect the manpower management. Further, the APS Corps is currently facing deficiency of 34% of manpower. Moreover, the petitioner's posting was issued to a field station with family accommodation and Asha School facilities. However, having accepted the posting order No.68/2023 dated 13.06.2023, without any challenge, the petitioner cannot seek any relief under Asha Grounds, as per his choice. Therefore, learned Deputy Solicitor General prays this Court to dismiss the present writ petition.
6. This Court has taken note of the rival submissions made by learned counsel appearing for the respective parties.
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PK,J W.P.No.4313 of 2024
7. A perusal of the record discloses that the petitioner was posted at various stations from the date of his joining in service on 13.04.2006, and the details of his postings are extracted hereunder:
Sl.No. Unit From To Remarks
28 Infantry Division
1 13.04.2006 14.05.2008 Field
Postal Unit
5 Mountain Division Field
2 15.08.2008 29.05.2010
Postal Unit (on request)
3 14 RAPID Postal Unit 30.05.2010 28.06.2012 Peace
54 Infantry Division
4 29.06.2012 04.01.2015 Peace
Postal Unit
Counter Insurgency
5 Force (Delta) Postal 05.01.2015 15.05.2017 Field
Unit
Additional Directorate
6 16.05.2017 02.08.2019 Peace
General APS (PLI Cell)
Additional Directorate
7 03.08.2019 30.06.2021 Peace
General APS
8 934 Field Postal Office 01.07.2021 Till date Peace
8. It is evident from the above table that the petitioner has been continuously working in Peace Areas from 16.05.2017 onwards. A perusal of his earlier posting order No.120/2021 dated 11.03.2021, clearly indicates that he was posted to the present station i.e., Headquarters 54, Artillery Brigade (934 Field Post Office), Secunderabad, on Extreme Compassionate Grounds (Medical Grounds) only. It is important to refer to 6 PK,J W.P.No.4313 of 2024 paragraph No.9 of the Army Postal Service Record Office Instructions No.02/2012 dated 31.03.2012, which outlines the tenure of posting of the employees. According to Paragraph No.9(d) of the aforementioned ROI No.02/2012, the tenure of posting of an employee on Medical/Extreme Compassionate Grounds is limited to two years only. Admittedly, in the case on hand, the petitioner, who was transferred on Extreme Compassionate Grounds on 11.03.2021, had exceeded the two-year limit, as he has completed more than three years in the present station.
9. Further, as per the above instruction, the petitioner is supposed to be transferred to a different location after a period of two years. Consequently, vide Posting Order No.68/2023 dated 13.06.2023, the petitioner has been posted to Headquarters 71 Sub Area (886 Field Post Office), Udhampur, which is considered to be a Field Area. Admittedly, since the petitioner has served the past seven years in peace areas only. As such, the respondents might have transferred him to the Field Area. It is also important to note that, considering the health condition of the petitioner's son, the respondents have posted him in a location with family accommodation and Asha school facilities. Subsequently, the impugned Unilateral Movement Order dated 09.04.2024 was issued directing the petitioner to report at the new station on 24.02.2024. 7
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10. Furthermore, the record reveals that the petitioner, having accepted the posting order No.68/2023 dated 13.06.2023, approached this Court and filed the instant writ petition only after issuance of the impugned Unilateral Movement Order dated 09.02.2024, seeking to continue him in the present station on Asha grounds, which relief, cannot be granted to the petitioner, without there being a challenge to the said posting order No.68/2023 dated 13.06.2023.
11. In view of the above-made discussion, this Court does not find any merits in the present writ petition, and the same is liable to be dismissed.
10. Accordingly, the Writ Petition is dismissed.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.
___________________________ PULLA KARTHIK, J Date: 05.06.2024.
GSP/TMK