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Jaswant Singh Vs. Union of India and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Jaswant Singh

Respondent

Union of India and Others

Excerpt:


.....by the central administrative tribunal, chandigarh bench, chandigarh (for short “the tribunal”.) on 27.05.2014 whereby the application under section 19 of the administrative tribunal act, 1985 was dismissed. the petitioner is one of the two applicants before the tribunal. the challenge of the petitioner is to his transfer as civilian driver in the base area from chandimandir to pathankot. in respect of such drivers appointed on contract basis by the army, unified terms and conditions were issued vide office order no.ai18251. the petitioner is the one who is governed by the army act, 1950 in terms of such guidlines. before the tribunal, the challenge was that he could not jyoti 2014.07.04 09:40 i attest to the accuracy and integrity of this document high court chandigarh cwp no.12345 of 2014 2 be transferred from one command to another command. the said argument did not find any favour from the tribunal. the tribunal found that earlier on the basis of directions of the tribunal, a speaking order was passed declining request of the petitioner for the reason that as per policy, the prescribed tenure is 3-4 years in field unit and 2-3 years in peace unit as per policy dated.....

Judgment:


CWP No.12345 of 2014 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.12345 of 2014 Date of Decision: 01.07.2014 Jaswant Singh ....PETITIONER VERSUS Union of India and others ....RESPONDENTS PRESENT: - Mr.Karan Singla, Advocate for the petitioner.

CORAM: HON'BLE Mr.JUSTICE HEMANT GUPTA HON'BLE Mr.JUSTICE FATEH DEEP SINGH HEMANT GUPTA, J (Oral) The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short “the Tribunal”.) on 27.05.2014 whereby the application under Section 19 of the Administrative Tribunal Act, 1985 was dismissed.

The petitioner is one of the two applicants before the Tribunal.

The challenge of the petitioner is to his transfer as Civilian Driver in the base area from Chandimandir to Pathankot.

In respect of such drivers appointed on contract basis by the Army, unified terms and conditions were issued vide office order No.AI18251.

The petitioner is the one who is governed by the Army Act, 1950 in terms of such guidlines.

Before the Tribunal, the challenge was that he could not Jyoti 2014.07.04 09:40 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.12345 of 2014 2 be transferred from one command to another command.

The said argument did not find any favour from the Tribunal.

The Tribunal found that earlier on the basis of directions of the Tribunal, a speaking order was passed declining request of the petitioner for the reason that as per policy, the prescribed tenure is 3-4 years in field unit and 2-3 years in peace unit as per policy dated 28.11.1997 since replaced by another policy dated 21.09.2005.

It has come on record that the petitioner is posted at Chandimandir near Chandigarh since 1999.

Therefore, transfer after almost 15 years cannot be said to be illegal or unwarranted in any manner.

In view of above, we do not find any merit in the present writ petition.

Dismissed.

(HEMANT GUPTA) JUDGE (FATEH DEEP SINGH) JUDGE July 01, 2014 jt Jyoti 2014.07.04 09:40 I attest to the accuracy and integrity of this document High Court Chandigarh




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