Maj. Amod Kumar V Union of India & Anr.
WRIT PETITION (CIVIL) NO. 918 OF 2017
WITH WRIT PETITION (CIVIL) NO. 965/2017
AND WRIT PETITION (CIVIL) NO. 1077/2017
Decided on 06/09/2018
Bench:
A two-judge bench of the Apex Court decided this case, headed by:
- Justice R.F. NARIMAN
- Justice INDU MALHOTRA
Facts:
The Petitioners are personnel belonging to the Army Service Corps (ASC). The Petitioners in these 3 Writ Petitions (Civil) are Officers holding the ranks of Major, Lieutenant
Colonel and Sepoy. The Petitioners have impugned Posting Orders issued by the Respondents, posting them to operational areas. The Major Amod Kumar was posted to 44
Rashtriya Rifles as a Mechanical Transport Officer, Sepoy Prahalad Singh was being trained
for driving special vehicles and posted to 4 Rashtriya Rifles and Lieutenant Colonel Shubhankar Mishra was posted to 694 Coy ASC (Tank and Transport) as an Officer Commanding. The Posting Orders issued by the Respondents in operational
units/areas were challenged as being in gross
violation of their Fundamental Rights guaranteed by Articles 14 and 21 of the Constitution and principles of natural justice.
Contentions of the petitioners:
It was submitted that the Petitioners had been classified to be ‘non-operational’ for
promotional avenues according to the decision of this Court in Lt. Col. P.K. Choudhary’s
Case, the same classification should apply as a necessary corollary for the purposes of deployment and postings also. The preference given to ‘operational’ Corps in the matter of promotions was unjustified.
Conclusion:
The Supreme Court dismissed the writ petitions filed under article 32 with no order to costs and concluded that:
- Petitioners had failed to substantiate how their Fundamental Rights have been violated. Postings and transfers are a necessary incident of service. Hence, the grievance, if any, cannot be entertained under Article 32.
- The Petitioners couldn’t challenge posting/transfer orders directly before the Supreme Court inspite of having an alternate statutory remedy available i.e., the Armed Forces Tribunals.
- The decision of this Court in Lt. Col. P.K. Choudhary’s Case (supra) was quashed later, and directions were issued to the UOI to consider the personnel belonging to the Arms, Arms Support, and ASC for promotion to the rank of Colonel by creating supernumerary posts.
- Lastly considering the Oath which is taken before joining the services it was observed that the personnel are duty bound to serve wherever they are ordered to.
For full judgement refer:
https://www.supremecourt.gov.in/supremecourt/2017/29777/29777_2017_Judgement_06-Sep-2018.pdf
