Rajiv Yadav vs Union Of India Through And Anr

L. Narasimha Reddy, J

The applicant is working as Superintending Engineer in the Military Engineering Service. Through order dated 07.12.2018, he has been transferred from the establishment at Jaipur to the one at Kolkatta. The same is challenged in this OA.

The applicant contends that it was only two years ago, that he has been transferred from Meerut to Jaipur on his request, and though he made a request for last leg posting, since his left over service is less than three years, the respondents transferred him to Kolkatta, a far off place, without considering his request. He further contends that his son is suffering from cardiac ailment and a specialised treatment is being given to him at Medanta Hospital, Gurugram. With these and other allied contentions, he submits that the order of transfer deserves to be set aside, insofar as it concerns him.

The matter was argued at some length on the previous date of hearing, and on our direction, learned counsel for the respondents obtained instructions. He contends that the transfer is a part of routine transfers, effected all over the country, and strictly in accordance with the policy guidelines. As regards the plea of the applicant about the last leg posting, learned counsel submits that an officer who has ten years of left over service is entitled to claim the benefit of either transfer on compassionate grounds or last leg posting, and if one is availed, he shall not be entitled to claim the other.

We heard Shri Janak Raj Rana, learned counsel for the applicant and Shri D. S. Mahendru, learned counsel for the respondents.

The applicant no doubt was transferred from Meerut to Jaipur just two years ago. However, the order of transfer dated 28.06.2015 discloses that it was on compassionate grounds, clearly mentioning that the tenure is only for two years. The applicant does not dispute these aspects.

The Ministry of Defence has formulated the policy in the context of transfers and postings. It runs into 28 closely printed pages. The Compassionate/Last Leg Postings are dealt with under Clause-12 (b). An officer who has left over service of two years can seek last leg posting to a station which is nearer to his native place, and his request in this regard can be initiated three years before retirement. If the provision is to operate in isolation, the applicant certainly has a case in his favour, because his left over service is less than three years. However, sub-clause-(vi) of the said paragraph militates against the applicant. It is to the effect that an officer with ten years or less residual service can avail only one of the facilities viz. compassionate or last leg posting. The applicant availed the benefit of compassionate posting at a time when his left over service was less than ten years. In that view of the matter, he is not entitled to claim the benefit of last leg posting. Therefore, the contention of the applicant in this behalf cannot be accepted.

Another ground pleaded by the applicant is that as against 45 days of time for reporting to the station, he is required to report forthwith. Though much would depend upon the exigency of service or requirement at various stations, we are of the view that the applicant can be granted 15 days time from today to report to the station at Kolkatta.

We do not find any ground to interfere with the order of transfer, but grant 15 days time from today to the applicant to report to the station at Kolkatta.

The OA is accordingly disposed of. There shall be no order as to costs.