Kerala High Court
A.R. Joby vs Union Of India on 10 February, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:10989
WP(C) NO. 46346 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 10TH DAY OF FEBRUARY 2025 / 21ST MAGHA, 1946
WP(C) NO. 46346 OF 2024
PETITIONER/S:
A.R. JOBY,
AGED 1 YEARS
WING COMMANDER NO.27762 'S', SENIOR LOGISTICS
OFFICER, 17 FBSU, AIR FORCE STATION, SHANGUMUGHAM,
THIRUVANANTHAPURAM,KERALA-695 007, PERMANENT
RESIDENT OF MABEL HOUSE, VRINDAVAN NAGAR -57,
KADAPPAKADA, KOLLAM-691 008.
BY ADVS.
V.K.SATHYANATHAN
VINOD K.C.
K.R.RENJU
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE,
NEW DELHI-110 011
2 THE CHIEF OF AIR STAFF,
AIR HEAD QUARTERS, ( VAYU BHAVAN), NEW DELHI-110 011
3 AIR OFFICER (PERSONNEL)/AIR MARSHAL),
AIR HEAD QUARTERS, ( VAYU BHAVAN), NEW DELHI-110 011
4 THE AIR OFFICER COMMANDING-IN-CHARGE,
HQ SOUTHERN AIR COMMAND, THIRUVANANTHAPURAM-695 031
5 STATION COMMANDER,
17 FBSU, AIR FORCE STATION, SHANGUMUGHAM,
THIRUVANANTHAPURAM, KERALA-695 007
2025:KER:10989
WP(C) NO. 46346 OF 2024
2
BY ADV KRISHNA T C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:10989
WP(C) NO. 46346 OF 2024
3
JUDGMENT
The petitioner is a Wing Commander of the Indian Air
Force. The petitioner was transferred to Air Force Station
Shanghumugam, Thiruvananthapuram on 2022 for a period of
two years. The transfer order in Ext.R6 would make it clear that
the petitioner was transferred for a fixed tenure of two years.
After completion of the fixed tenure of two years at
Thiruvananthapuram, now the petitioner has been transferred
to Nagpur vide the impugned order in Ext.P12 dated
16.10.2024.
2.The present writ petition has been filed by the petitioner
impugning the transfer order in Ext.P12 dated 16.10.2024. The
primary ground of the petitioner against the transfer order is
that the petitioner applied for premature separation from
service in March 2024. However, the same was rejected, against
which the petitioner approached the Armed Forces Tribunal, and
the petition is pending before the Tribunal.
3.The learned counsel has not been able to point out how
2025:KER:10989
WP(C) NO. 46346 OF 2024
the transfer order in Ext.P12 is against the service conditions
and how the petitioner is entitled to remain posted at
Thiruvananthapuram after his term of two years got expired.
4.Adv. T.C. Krishna, the learned Senior Central Government
counsel, submits that after the petitioner's transfer, another
person joined the petitioner's post, and the petitioner cannot
remain posted at Thiruvananthapuram.
5.I have considered the submissions advanced by the
learned counsel for the petitioner and the learned Senior Central
Government counsel.
6.The petitioner holds a transferable post. The petitioner
has been transferred to the same post having the same pay
scale, allowances, duties and responsibilities. The petitioner
cannot avoid his transfer on the grounds that the petitioner has
filed a petition in Armed Forces Tribunal against the decision of
the competent authority against his request for premature
separation from service. When the transfer order is neither
against the service condition nor malafide, this Court cannot
interfere with the transfer and posting of the petitioner.
2025:KER:10989
WP(C) NO. 46346 OF 2024
In view thereof, the present writ petition is dismissed, and
the petitioner is directed to join the transferred post within a
period of one week from today.
Sd/-
D. K. SINGH
JUDGE
SJ
2025:KER:10989
WP(C) NO. 46346 OF 2024
APPENDIX OF WP(C) 46346/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.AIRHQ/98832/1/PO-5
DATED 23/02/2018 ISSUED BY THE AIR
HEADQUARTERS, VAYU BHAVAN, NEW DELHI.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 15/11/2023
TOGETHER WITH THE COVERING LETTER DATED
05/12/2023 TOGETHER WITH ANNEXURES.
Exhibit P3 TRUE COPY OF THE REQUEST FOR INTERVIEW
SUBMITTED BY THE APPLICANT DATED 19/02/2024.
Exhibit P4 TRUE COPY OF THE APPLICATION IN MARCH 2024
SUBMITTED BY THE APPLICANT BEFORE THE STATION
COMMANDER.
Exhibit P5 TRUE COPY OF THE MESSAGE FORM DATED 02/05/2024
CALLING FOR AN INTERVIEW ON 03/05/2024 WITH
ASA CO.
Exhibit P6 TRUE COPY OF THE MESSAGE FORM DATED 20TH
SEPTEMBER STATING THE NAMES OF A LIST OF
PERSONS WHOSE PSS APPLICATION WERE ACCEPTED.
Exhibit P7 TRUE COPY OF THE LEAVE ACCUMULATION DETAILS OF
THE APPLICANT.
Exhibit P8 TRUE COPY OF THE REQUEST DATED 04/04/2024
SUBMITTED BY THE APPLICANT FOR AN INTERVIEW
FOR CONSIDERATION OF HIS PSS APPLICATION.
Exhibit P9 TRUE COPY OF THE MESSAGE FORM DATED 03/07/2024
INFORMING APPLICANT THAT HIS APPLICATION FOR
INTERVIEW IS NOT ACCEPTED.
Exhibit P10 TRUE COPY OF THE REQUEST FOR INTERVIEW
SUBMITTED BY THE APPLICANT DATED 21/09/2024 TO
THE CAS.
2025:KER:10989
WP(C) NO. 46346 OF 2024
Exhibit P11 TRUE COPY OF THE INTIMATION FOR LEGAL COURSE
SUBMITTED BY THE APPLICANT TO THE STATION
COMMANDER DATED 24/09/2024.
Exhibit P12 TRUE COPY OF THE MESSAGE FOR DATED 09/10/2024
TRANSFERRING THE APPLICANT TO NAGPUR
Exhibit P13 TRUE COPY OF ORDER NO.SAC/C 1397/12/P2 DATED
16/10/2024 STATING THAT THE APPLICANT'S
REQUEST FOR PSS WAS CONSIDERED AND WAS NOT
ACCEPTED.
Exhibit P14 TRUE COPY OF THE APPLICATION FOR PSS ON SHORT
NOTICE SUBMITTED BY THE PETITIONER DATED
17/10/2024.
Exhibit P15 TRUE COPY OF THE PATIENT DETAILS AND MEDICAL
HISTORY OF THE PETITIONER'S DAUGHTER.
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 17/12/2024 IN
W.P.(C) NO.44824 OF 2024.
RESPONDENT EXHIBITS
Exhibit R1 A true copy of the communication Air HQ/C
99210/4125/ PO3F dated 02 Apr 24
Exhibit R2 A copy of HRP 02/2020
Exhibit R3 A true copy of the application dated 20 Mar 24
Exhibit R4 A true copy of the Communication No. Air HQ/C
99210/4220/ PO3F dated 10 Oct 24
Exhibit R5 A true copy of the said Communication Air HQ
(VB) [Wg Cdr PO-3(F)] dated 20-11-2024
Exhibit R6 A true copy of posting order No. Air HQ
(VB)/PO/613 dated 02 May 22
Exhibit R7 A true copy of HRP 02/2018 (amendment) dated
09 Apr 19
