Sooraj.C.H vs Union Of India
2022 Latest Caselaw 1940 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                        WP(C) NO. 4356 OF 2022
PETITIONER:

          SOORAJ.C.H
          AGED 37 YEARS
          S/O. MADHAVAN NAMBIAR,
          THEYERATH HOUSE, IRINAV P. O.,
          KANNUR - 670 301, (NO.915264 G SERGEANT OF INDIAN AIR
          FORCE), PRESENTLY POSTED AT 13 TAC AIR FORCE,
          C/O 14 CORPS,
          PIN - 908 514,
          C/O 56 APO.

          BY ADVS.
          SRI. RATHEESH. B
          ARI. GYOTHISH CHANDRAN


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY,
          MINISTRY OF DEFENCE,
          NEW DELHI - 110 011.
    2     THE CHIEF OF THE AIR STAFF,
          AIR HEADQUARTERS (VAYU BHAVAN),
          NEW DELHI - 110 011.
    3     AIR OFFICER COMMANDING,
          AIR FORCE RECORD OFFICE,
          NEW DELHI - 110 010.
    4     TAC COMMANDER,
          13 TAC AIR FORCE, 14 CORPS,
          C/O 56 APO, PIN - 908 514.
    5     COMMANDING OFFICER,
          820 SU, AIR FORCE,
          ALLAHABAD, C/O 56 APO.

          SRI. S. MANU - ASGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4356 OF 2022

                                           2




                                  JUDGMENT

The petitioner is a serving soldier of Indian Air Force.

Since the petitioner has completed the hard area tenure

at Leh, he sought for transfer by submitting an

application as per Ext.P1 posting policy showing the

choice of posting in the order of preferences as

Trivandrum, Coimbatore, Bangalore and Chennai. The

petitioner was informed that his request for transfer to

the place of his choice is not traceable and was asked to

re-submit the choice posting proforma. Accordingly, the

petitioner by Ext.P2 re-submitted the choice posting

proforma on 27.10.2021. However, without considering

the same, the petitioner was posted to Allahabad with

date of reporting as 31.01.2022. The petitioner,

therefore, submitted Ext.P3 application which was

strongly recommended by the 4th respondent as evident

from the endorsement thereon. Since no steps pursuant WP(C).No.4356 OF 2022

thereto are forthcoming, the petitioner submitted Ext.P5

request and has approached this Court for a direction to

the 3rd respondent to transfer the petitioner to any of the

chosen places in his choice posting proforma and in

accordance with Ext.P1 policy, within a reasonable time.

2. Heard the learned counsel for the petitioner

and the learned ASGI for the respondents.

3. The learned ASGI on instructions submits that,

at present it may not be possible for the respondents to

accommodate the petitioner at the place of choice given

by the petitioner in the application already submitted.

However, the request of the petitioner for transfer to the

place of his choice will be re-considered by the competent

respondent at the earliest, if the petitioner re-submits the

choice posting proforma including other places of choice

as well.

Having regard to the submissions made by counsel

on both sides, the writ petition is disposed of directing

the petitioner to submit fresh choice posting proforma WP(C).No.4356 OF 2022

showing choice of places in the order of preference,

within a period of one week and the competent among

the respondents will consider and take a decision on the

same, within a period of two weeks thereafter.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.4356 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF AIR HQ HUMAN RESOURCE POLICE PART II/PA (AIR WARRIORS)/PD/01/2020 (REVISED) ISSUED VIDE AIR HQ/S 40301/PA II DATED 07.07.2020.

EXHIBIT P2 A TRUE COPY OF CHOICE POSTING PROFORMA RESUBMITTED ON 27.10.2021.

EXHIBIT P3 TRUE COPY OF GENERAL APPLICATION DATED 14.12.2021.

     EXHIBIT P4         TRUE COPY OF LETTER
                        NO.13TAC/128/11/HRM (P3) DATED
                        15.12.2021.
     EXHIBIT P5         TRUE COPY OF REQUEST DATED 01.02.2022.

     RESPONDENTS'S EXHIBITS:     NIL.