Col Jagdish Prasad v. Union Of India And ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1863/2019 & CM 8730/2019 (stay) COL. JAGDISH PRASAD ..... Petitioner Through Mr. S S Pandey and Ms. Devika Sharma, Advocates versus UNION OF INDIA & ORS ..... Respondents Through Mr. Rakesh Kumar (CGSC) with Maj.

Gaurav Verma, for UOI.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.02.2019 1.

The present petition has been filed by the petitioner praying inter alia for quashing of posting order dated 07.02.2019 passed by the Military Secretary, posting him to Udhampur Zone and directing him to report for duty on 05.03.2019.

2.

Learned counsel for the respondent states that for the past 9 years, the petitioner has remained posted in and around Delhi. At the petitioner's request, he was posted at Ambala on 25.11.2010, and remained there till he was posted at Agra from 16.06.2013 to 31.12.2015, from 01.01.2016, till date he has remained posted in Delhi. During his entire tenure of 488 months in the Army, the petitioner has remained at 'peace postings and family stations' for 420 months.

3.

Learned counsel for the respondent further states that the claim of the petitioner is that he has a forthcoming Re-settlement Long Course due to which he will have to frequently travel between Jammu and Kashmir, in the W.P.(C) 1863/2019

event his posting at Udhampur is not cancelled, is contrary to the Revised Policy circulated by the respondent vide order dated 09.09.2018. 4.

He states that an officer on Last Leg Posting (LLP) at choice station will be ineligible for Long Courses sponsored by the DGR and in view of the fact that the Department is not in a position to accommodate the petitioner for a LLP, due to administrative exigencies, if he wishes to proceed for the Re-settlement Long Course, he cannot ask for a LLP. 5.

Having regard to the facts of the present case as noted above, we are not inclined to entertain the prayer made by the petitioner and interfere with his posting order dated 07.02.2019. The prayer made in the petition is accordingly declined.

6.

The petition is disposed of along with the pending application. HIMA KOHLI, J MANOJ KUMAR OHRI, J FEBRUARY 22, 2019 sm/j W.P.(C) 1863/2019