IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27040 of 2008 Between: Major Sachin Kumar,IC-60464F, S/o.Mr.Janak Raj R/o.15-Pratap Nagar,Lamini Road,pathankot Punjab State, Now working at 54,Inf Div SignalRegiment Secunderabad ..... PETITIONER AND 1 The Union of India., rep. by its Secretary, Ministry of Defence, New Delhi 2 The Chief of Army Staff, IHQ (MOD), Army, DHQ, PO, New Delhi 3 The GOC-in-Chief, HQ, Southern Command, Pune. 4 The Commandant, MCEME, Secunderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd and 3rd respondents in not considering the application of the petitioner vide Appendix B&D of Letter No.20401/Est(O) Dated 28.6.2008 as illegal, arbitrary, and against the orders of Army Orders 14/2004MI and violation of Article, 21 of the Constitution of India and to pass Counsel for the Petitioner: MR.M.PRATAP SINGH Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE FOR RMAPP-1-4 The Court made the following : ORDER: Major Sachin Kumar joined in the Indian Military Academy in July 1999 and was commissioned into the corps of EME in June 2000. Presently he is posted in 75 Medium Regiment, C/o 56 APO. In March 2008, he submitted an application for marriage with a Foreign National along with an application for release from service, through proper channel. The application was forwarded by the Commandant, MCEME, Secunderabad-fourth respondent to the GOC-in-Chief, HQ, Southern Command, Pune-third respondent. Despite his application being forwarded to the fourth respondent, no action has been taken by the second respondent. Hence this writ petition assailing the action of respondents 2 and 3 in not considering his application. When the writ petition came up for admission, Sri Deepak Bhattacharjee, learned Central Government Standing Counsel received notice on behalf of respondents 1 to 4. Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioner submits that in view of para-19 of the Army Order AO 14/2004MI–Marriage with Foreign Nationals, respondents 2 and 3 are bound to release the petitioner from service and since they are not considering the application of the petitioner for his release from service, necessary direction is required to be given to the respondents. Learned Central Government Standing Counsel appearing for the respondents submits that the application of the petitioner is under consideration and it needs some time to accept his representation. Under Para-19 of the Army Order AO 14/2004MI reads as hereunder. “In the event of failure/refusal by the spouse to change her/his nationality as per para 5(c) above, a case shall be processed with a view to release/retire the individual from service without terminal benefit and obtain refund of entire cost of training.” The petitioner submitted an application for release from service since the woman, whom he is going to marry, is not inclined to accept the Indian Citizenship. The letter submitted by the petitioner reads as hereunder. “I, IC-60464F Rank Maj Name Sachin Kumar of 978 Lt AD Msl Regt (SP) Wksp, C/o 56 APO and at present at with MCEME as a case of withdrawal from course Ser No.DE-83 initiated with HQ, ARTRAC on academic grnds, hereby submit my resignation from service for personal reasons. I will refund the entire cost of training to the Govt. in one lump sum before I am relieved of my duties. It is requested that my resignation from service may be accepted at the earliest without any terminal benefit.” The request of the petitioner is stated to be pending for consideration before respondents 2 and 3. In that view of the matter, respondents 2 and 3 are hereby directed to consider the representation dated 20.01.2009 submitted by the petitioner within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 2nd February, 2009 Js.