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The Supreme Court Monday stated it mustn’t intrude in postings, notably in the Armed forces, as any individual has to go and serve in locations like Ladakh, sure areas of north-east and the Andaman and Nicobar Islands. The apex courtroom acknowledged this whereas listening to an enchantment filed by an Army Colonel in opposition to the Delhi High Court order which had requested him and his spouse, who can be a Colonel in the Army, to maneuver to their newly assigned posts inside 15 days.
The petitioner, who’s an officer in the Judge Advocate General (JAG) division, had moved the excessive courtroom difficult the May 15 posting order and alleged that the choice to switch him and his spouse to far off places has been taken as he had filed a statutory grievance in opposition to the JAG and others. He had challenged his posting to Andaman and Nicobar Islands from Jodhpur in Rajasthan and contended that his spouse was being posted to Bathinda in Punjab.
During the listening to in the apex courtroom on Monday, the counsel showing for the petitioner instructed a bench headed by Justice D Y Chandrachud that distance between Bhatinda to Andaman and Nicobar Islands is over 3,500 km. Senior advocate Ranjit Kumar, showing for the petitioner, stated that each the officers have a four-and-half-year-old little one and so they have taken cost at their respective locations. Kumar instructed the bench that the petitioner has to use for voluntary retirement due to this switch.
If the Armed forces say they’re against joint posting in Delhi, it could be harsh however any individual has to go to Andaman and Nicobar additionally, stated the bench, additionally comprising Justices Indu Malhotra and Indira Banerjee. In issues of posting of Army officers, we should always not intrude. In locations like Ladakh, North-East and Andaman, any individual has to go, the bench noticed, including, In postings, notably in Armed forces, we should always not intrude.
These are very laborious instances. It could be very troublesome for us to say that rethink this, the bench stated. After the highest courtroom noticed that it’s not inclined to intrude, Kumar stated he would withdraw the plea. Ranjit Kumar, senior counsel showing on behalf of the petitioner, seeks the permission of the courtroom to withdraw the Special Leave Petition in order to allow the petitioner to pursue impartial proceedings in regard to his request for withdrawing the appliance for voluntary retirement, the bench famous in its order.
In phrases of the above request, the Special Leave Petition is dismissed as withdrawn leaving it open to the petitioner to pursue accessible cures, it stated. The excessive courtroom, whereas coping with the petition, had stated that the Army has given causes in its order rejecting the officer’s request/illustration for a partner coordinated posting and no floor of mala fide or violation of any rule has been made out for the courtroom to intrude in the matter.
The Army had knowledgeable the excessive courtroom that the 2 senior officers can solely be posted collectively in New Delhi, nevertheless it can’t be achieved because the JAG division has 23 Colonels solely as in opposition to the licensed energy of 40 and static headquarters (HQs) like New Delhi are at decrease precedence than area formations when postings are being thought-about. It had stated that posting the couple at New Delhi “will be at the cost of maintaining voids at formation HQs, which is not in organizational interest”.
In its reply earlier than the excessive courtroom, the Army had additionally stated that for the reason that couple’s marriage in 2008, they’ve been given three partner coordinated postings on their requests and “all out efforts were made to post both of them in the same station”.
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