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The Madras High Court recently found it appropriate to exercise its equity jurisdiction to set aside the transfer posting of an Army employee (petitioner), on finding that natural justice principles enjoined the Court to do so. Justice S Vimala observed,
“This Court is conscious of the fact that the scope of interference by Courts in regard to the members of Armed Forces is limited and Court should be extremely slow in interfering with such order of transfer and posting of civilian employees or members of Armed Forces.
However, as it is alleged that the principles of natural justice has been violated and the policy of the last leg posting has been forgotten in the while passing the impugned order, this Court has to take a balancing view.“
While doing so, the Court also urged the Defence Ministry to issue guidelines on last leg posting of Army personnel, to address allied concerns raised in the judgment.
After joining the Army in June 1994, the petitioner had completed 24 years of service. Prior to his impending retirement in June 2020, he was posted in Chennai as a last leg transfer in April 2016. However, by an order passed last August, he was transferred again, this time to Jammu and Kashmir.
The Court was told that this was done without giving any notice to the petitioner.
The petitioner pleaded that the Court quash the transfer order and that he be retained in Chennai, particularly since his family required his support.
He informed the Court that his wife was at an advanced stage of pregnancy and that his two children were still in elementary school. He also submitted that his father, who had lost a leg, required his assistance. Moreover, it was also pointed out that he had worked in a difficult area for over 10 years.
While she accepted the Defence Ministry’s stance that there was no discrimination involved in cutting short the Chennai posting, Justice Vimala noted that there was no immediate reason for transferring the petitioner to Jammu and Kashmir again.
His family situation and the fact that Chennai was a last leg posting, should have been factored in to retain the soldier in Chennai, the Court observed.
“The policy of last leg tenure posting is a recognition that a member of Armed Force, who has served the country well and has spent more than 50% of the tenure in non-family stations is entitled to settle his personal affairs before he retires, so that, post retirement he can live in peace. The purpose behind last leg posting at a place of choice is that the member of the force can find an accommodation where he can live peacefully in the twilight of his life.“
Even otherwise, the Court emphasised that the Army ought to show more concern for its employees, more so given the declining popularity of a career in the Army. As noted in the order,
“It is reported that Indian Army has become unattractive career option for youth, nowadays. The Army already has been facing a manpower crunch as since 2001, 1900 Captains, Majors and Lieutenant Colonels have pre-maturedly quit, as per reports.
There is no shortage of patriotism in our country, but why is it that there’s such a shortage of officers in the Armed Forces. Today’s knowledge based youths seeks not just superior salaries, but better service conditions and other compensatory packages too.
It only the respondents are willing, they can motivate these youngsters to join the armed forces. The aberrations and egregious errors committed by the respondents as in the instant case may have a negative bearing and potentially demotivate the future aspirants to the armed forces.“
With these observations, the Court set aside the August transfer order and ruled for the petitioner’s retention in Chennai until his retirement in June 2020.
In order to formulate guidelines pertaining to last leg posting, the Court has also directed that a copy of the judgment be sent to the Defence Ministry.
Image for representational purposes only.