IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 37980 of 2007(U) PETITIONER: -------------------- SERGEANT JOHN T.PAUL, SERVICE NO.733382'S', 14 AIRMEN SELECTION CENTRE, AIR FORCE, VII/302 B, KAKKANAD, ERNAKULAM DISTRICT BY ADV. SRI.V.K.SATHYANATHAN SRI.T.R.JAGADEESH RESPONDENTS: ------------------------- 1. CHIEF OF AIR STAFF, AIR HEAD QUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI. 2. AIR OFFICER COMMANDING, AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI. 3. COMMANDING OFFICER, 14 AIRMEN SELECTION CENTRE, AIR FORCE, VII/302 B, KAKKANAD, ERNAKULAM DISTRICT. 4. OFFICER-IN-CHARGE, P3 SECTION, HEAD QUARTERS, SAC, IAR, AKKULAM, THIRUVANANTHAPURAM. 5. SERGEANT ARJUN KUMAR, SERVICE NO.739533, IAF POLICE, 23 P/5 DEF. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.37980 of 2007 ------------------------- Dated this the 25th day of January, 2008. JUDGMENT The petitioner is working as combatant in the Indian Air Force and is presently posted in the 14 Airmen Selection Centre, Cochin. His initial allotment was in the trade as Safety Equipment Worker. But apparently, taking note of the fact that he is a law graduate, he was posted in the legal cell in Kochi. He has been in Kochi from 24.1.2005. Under Ext.P5 order he has been transferred to Wing No.I which, the learned counsel for the petitioner submits is stationed in Jammu and Kashmir. Though his commanding officer 3rd respondent recommended that he be retained here in Kakkanad Kochi, apparently the request has not been heeded to. Petitioner submits that he is due for discharge on 31.5.2010. Therefore, his transfer, at this stage, would not be beneficial to him or to the Air Force. Moreover, his wife is employed here and his family is stationed here. Shifting him from Kochi to Jammu and Kashmir in circumstances where he is W.P.(C).NO.37980/07 :: 2 :: impending discharge in May 2010, may not be either beneficial to the petitioner or to the Air Force. 2. A statement has been filed justifying the transfer of the petitioner. Learned standing counsel for the respondent refers to clause 2(a)(ii) in Ext.P3, which contemplates a normal period of two years as a tenure for out of stream posting. But in case an individual is system trained or otherwise meets service requirements(e.g. EDP/Legally qualified) a normal tenure may be given. A reading of the said clause 2(a)(ii) of Ext.P3 shows that there is a discretion available to the authorities to extend the tenure in the case of airman and obviously in the case of out of station posting as well. 3. According to the petitioner, normal tenure contemplates 4/5 years. Therefore, transfer at this stage before completion of 5 years in Kochi is illegal. It is trite that any person, who is an employee of All India Services generally and especially in the Air Force or any defence services definitely has to face transfer from one place to another. Transfer being an incidence of service in the case of defence personnel, possibly, the authorities W.P.(C).NO.37980/07 :: 3 :: can exercise considerable discretion in such cases. The transfer can be interfered with only on limited grounds. There is no mala fides alleged in the present case. I am, therefore, not inclined to interfere with Ext.P5. Nevertheless, taking note of the fact that compassionate grounds have been raised by the petitioner, I direct the 2nd respondent to look into Ext.P8 and take an appropriate decision at the earliest, preferably in the month of February, 2008 as the petitioner is to report at the transferred station in March, 2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge