Rangaswamy. B. T vs Union Of India
2023 Latest Caselaw 7660 Kant

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                                                        NC: 2023:KHC:40311-DB
                                                         WA No. 1140 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 10TH DAY OF NOVEMBER, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                              AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                            WRIT APPEAL NO. 1140 OF 2023 (S-RES)

                   BETWEEN:

                   RANGASWAMY. B. T.
                   S/O T THOPIRANGAIAH,
                   AGED ABOUT 35 YEARS,
                   AIR FORCE STATION JALAHALLI,
                   JAHALLI EAST, BANGALORE 560 013.
                                                                 ...APPELLANT
                   (BY MS. M L SUVRNA., ADVOCATE FOR
                       SRI. PUTTE GOWDA K.,ADVOCATE)

                   AND:

Digitally signed   1.    UNION OF INDIA,
by SHARADA               REP BY ITS SECREARY,
VANI B                   MINISTRY OF DEFENSE,
Location: HIGH           SOUTH BLOCK RAISINA HILL,
COURT OF
KARNATAKA                NEW DELHI 110 011.

                   2.    AIRFORCE RECORD OFFICE CO-ORDINATOR
                         SOUTH BLOCK, RAISINA HILL,
                         SUBRATHO PARK,
                         NEW DELHI 110 011.

                   3.    AIR FORCE COMMANDING OFFICER
                         AIRFORCE STATION, JALAHALLI,
                         JALAHALLI EAST,
                         BANGALORE 560 013.
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                                       NC: 2023:KHC:40311-DB
                                        WA No. 1140 of 2023



4.    GROUP CAPTAIN,
      OCI C3, IN HEAD QUARTERS TRIANING,
      COMMAND INDIAN AIR FORCE,
      JC NAGAR POST, BANGALORE.
                                      ...RESPONDENTS
(BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE)

     THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT
APPEAL SET ASIDE THE ORDER DATED 22.08.2023 PASSED BY
THE LEARNED SINGLE JUDGE IN WP No-6882/2023 AND
ALLOW WP No-6882/2023 AS PRAYED FOR BY THE APPELLANT
IN THE INTEREST OF JUSTICE AND EQUITY, INCLUDING THE
AWARD OF COSTS.

    THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                        JUDGMENT

This intra-court appeal seeks to lay a challenge to a

learned Single Judge's order dated 22.08.2023 whereby

the appellant's W.P.No.6882/2023 (S-RES) has been

negatived. In the said writ petition, appellant had laid a

challenge to his posting order dated 29.12.2022 and the

communication dated 03.03.2023.

2. Learned counsel for the appellant argues that

the impugned order has brought about an unjust result

and a lot of hardship will be occasioned to his client if the

same is not set at naught. Learned CGC appearing for the

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official respondents resists the appeal contending that the

subject matter relates to the posting of an employee in the

Defence Service namely, Indian Air Force; the policy of

request posting cannot be invoked as a matter of right, a

host of factors entering the fray of decision making; the

appellant had given an undertaking that the

compassionate posting was confined to a period of only

two years and therefore, no extension could be sought for.

3. Having heard the learned counsel for the parties

and having perused the appeal papers, we decline

indulgence in the matter being broadly in agreement with

the reasoning of the learned Single Judge coupled with the

development that the appellant had already reported for

duty pursuant to the posting order. Learned Single Judge

has reproduced relevant part of the policy of request

posting at para 6 of the judgment which specifically states

that a request posting will be limited in tenure and that no

extension from posting beyond the permitted tenure will

be considered on a request posting. This is absolutely

NC: 2023:KHC:40311-DB WA No. 1140 of 2023

consistent with the Defense requirements and a writ court

cannot undertake a deeper examination of the matter.

This idea has inarticulately animated the impugned order

of the learned Single Judge.

In the above circumstances, this appeal being devoid

of merits is liable to be and accordingly dismissed, costs

having been made easy.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb,KPS