HC refuses to interfere in matter of transfer of army official; says that they have a policy of non-interference in such cases except on legal grounds

A Petition was filed by army personnel who sought extension of tenure or deferment of posting to look after his wife who was detected to be suffering from “Pleural Effusion”.

The Petitioner was posted to Delhi on 19th September 2016 and on 31st May 2019 was granted an extension till 31st March 2020. Again on 6th March 2020, he was given the posting order and again he sought deferment for the same. It was rejected and on 9th June the petitioner approached Armed Forces Tribunal where he was granted an extension by 30 days. But the Petitioner again sought deferment.

Upon being told that Jalandhar, where he was being posted, has excellent facilities, the petitioner submitted that the patient was not in a position to travel and exert and that he preferred getting his wife treated in Delhi.

The Court thus finally stated that they had judicial orders which had a policy of no interference with transfers, except on legal grounds. The Court dismissed the petition stating that no legal ground had been made out in the present case.

Case Details

W.P. (C) 4958/2020 &C.M.Appl.17902/2020

Case- LT COL NEERAJ KUMAR v. UNION OF INDIA & ORS.

Counsel for Petitioner-  Mr.Mohan Kumar and Ms.Neetu Singh, Advocates

Counsel for Respondents- Mr. Chetan Sharma, ASG with Mr. G.D. Sharma CGSC, Mr. RV Prabhat, Mr. Amit Gupta, Mr. Sahaj Garg and Mr. Anish Roy Advocates

Coram- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW and HON'BLE MS. JUSTICE ASHA MENON