CWP No.10368 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 20.07.2009 Rajul Tiwari Vs. Union of India and others CORAM: HON'BL MR. JUSTICE PERMOD KOHLI. Present: Mr.Sushil Gautam, Advocate,for the petitioner. Ms.Anjali Kukar, Advocate,for the respondents. PERMOD KOHLI, J. (Oral): The petitioner is working as Sergeant in the Indian Air Force. Presently, he is posted at 3 BRD Air Force. He applied for discharge from the Air Force service vide application dated 26.02.2009 (Annexure P-4). The case of the petitioner for discharge was duly recommended by respondent No.5 vide recommendation dated 13.03.2009. The request of the petitioner for discharge was declined vide signal dated 26.05.2009, (Annexure P-5). He applied for reconsideration of the discharge application on 01.06.2009 (Annexure P-6). The second request for discharge was also duly recommended. However, the second request for discharge was also declined. In the meantime, the petitioner ordered to be posted at Jorhat (Assam) and movement order dated 14.07.2009 (Annexure P-11), has been issued asking the petitioner to join by 18.07.2009. The petitioner made representation against his transfer at Jorhat (Assam) on variety of grounds including the medical grounds to the effect that he is suffering from serious mental ailment and that he has unmarried sisters and also a family to support. The petitioner also challenged his transfer order in this Court in CWP No.10368 of 2009 : 2 : CWP No.9380 of 2009 (Rajul Tiwari Vs. Union of India and others) which came to be disposed of vide order dated 26.06.2009 with a direction to the respondents to dispose of the representation of the petitioner within fifteen days. It was also ordered that the orders of transfer of the petitioner shall be in abeyance till then. In due deference to the aforesaid direction of this Court, the representation of the petitioner has now been decided vide the impugned order dated 09.07.2009 (Annexure P-10) and the claim of the petitioner for cancellation/change of posting has been rejected. After rejection of representation the impugned movement order dated 14.07.2009, (Annexure P-11) has been passed. The main contention of the learned counsel for the petitioner is that the petitioner is suffering from serious ailment and is unable to perform his duties. The petitioner has, accordingly, prayed that he may be discharged from service. So far as the cancellation of the transfer of the petitioner is concerned, it is contended that the petitioner is a psychiatric patient and on account of general anxiety disorder due to his family problem, he is unable to join at new place of posting. He has been transferred to Jorhat (Assam) where adequate medical facilities are not available. The respondents were put to notice and in the meantime, the relieving of the petitioner was kept in abeyance. In response to the notice, a short reply by way of affidavit of Air Comde., S.C.. Luthra,Air Officer Commanding, 3 BRD, Air Force Station, Chandigarh, has been filed. It is mentioned that the petitioner after undergoing training at Chennai was first posted at Pune from 16.4.1993 to 27.04.1998. Thereafter, he remained posted in Chennai from 28.04.1998 to 05.06.2004. Presently, he is posted CWP No.10368 of 2009 : 3 : in Chandigarh since 06.06.2004. The petitioner has completed five years tenure at Chandigarh. It is further stated that posting order was issued to the petitioner on 09.03.2009 (wrongly mentioned as 09.03.2004) and he supposed to join at Jorhat (Assam) on 25.05.2009, but he moved an application for discharge on 01.06.2009 to avoid the posting at Jorhat. Regarding the medical status of the petitioner, it is stated that the petitioner is found to be in A4GI medical category and is fit to perform his trade duties as well as other military/contingent duties. It is further stated that if at all the petitioner is suffering from any medical problem, he can be treated in Air Force Hospital at Jorhat (Assam) where medical facilities are available. The petitioner has relied upon a certificate dated 16.06.2005, (Annexure P-2), issued by the Amitabh Shah, Major AMC, Graded Specialist( PSY) showing that the petitioner is suffering from Anxiety Disorder and requires close supervision and excuse from heavy duties and he should be given light duties. There is another medical certificate dated 07.06.2009 (Annexure P-3), which indicate that the petitioner has pressing domestic problems and he is under orders of posting. However, this certificate clearly indicates that no psychiatric treatment is required at this stage. Except this, there is no other medical evidence on record to indicate that the petitioner is suffering from any serious ailment for which he should be retained at Chandigarh. Transfer is an exigency of service and no person has right to continue at any particular place of choice for all times to come. The petitioner's request for cancellation of posting already stands rejected. There is no valid ground to interfere in the posting order of the petitioner. So far as the prayer for discharge from service made vide CWP No.10368 of 2009 : 4 : Annexure P-6 is concerned, the same has not been finally decided so far. In view of the above, the respondents are directed to consider the request of the petitioner for discharge from service and take a final decision within a period of two months. In the event the claim of the petitioner is to be rejected, the same shall be by a speaking and reasoned order. At this stage, Mr.Gautam submits that Jorhat (Assamt) where the petitioner has now been posted, is a family station. The petitioner can shift his family there. It is, however, submitted that there is scarcity of accommodation at Jorhat and the petitioner may not get official accommodation immediately for his family. Since the petitioner is suffering from some kind of mental disorder, there is substance in the submission of the petitioner. Ms.Anjali Kukar, learned counsel for the respondents, on instructions from the official concerned who is present in Court, submits that the petitioner will be provided official accommodation immediately on his joining and in any case not later than ten days. 20.07.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO