B.S.Chauhan, J. - (1.) This writ petition has been filed for issuing a direction to the respondent no. 1 to intervene and examine the WOES of the petitioner (Annex.-5), and to dispose of the same by a reasoned order before 30th April, 2003, and meanwhile, to rescind the impugned premature posting order.
(2.) Facts and circumstances giving rise to this case are that petitioner is serving in Medical Core of the Armed Forces and is posted in Military Hospital Kamptee (Nagpur). Petitioner has been transferred vide impugned order dated 10th March, 2003 (Annex.-2) to Udhampur and she has been asked to join on transferred place on or before 13th May, 2003. Hence this petition.
(3.) The transfer order has been challenged on following grounds. I.She had been posted in Kamptee only one year and nine months before, and in normal course she should have been permitted to continue there at least for 3-4 years. II.Transfer order is in violation of the transfer policy dated 12th November, 2002 (Annex.-3). III.Petitioner suffers from Bronchial Asthma and the climatic condition of the place of transfer is not suitable to her. IV.Her husband is posted in Delhi Cantt, thus it would be a case of separation of spouses. V.Her old parents are staying at Gwaliar (Madhya Pradesh), which is nearer to her present place of posting and thus the transfer would force the petitioner to stay far away from them. VI.Transfer order would have adverse affect on the education of her children. VII.The transfer order has been passed at the behest of respondent nos. 4 and 5 who have been impleaded by name as they were having some grudge against her, and thus, the transfer order suffers from mala fide. ;