M.P. Kenia, J. - (1.) The petitioner Captain Arun Kumar, serving in the 2 Battalion 23 Rajput Regiment of the Indian Army, has filed this petition against the Union of India through the Secretary, Ministry of Defence, the Chief of Army Staff, through Military Secretary, GOC-in-C, Central Command? Lucknow ; General Officer Commanding 4 Infantry Division, 56 APO ; and Col V. K. Singh, 2 Battalion, Rajput Regiment? Praying, inter alia, for the issue of : "(i) a writ, order or direction in the nature of mandamus commanding the respondents not to violate their own policy and if the petitioner had not volunteered, he should not be posted out." "(ii) a writ, order or direction in the nature of certiorari, summoning the records of the officers who have volunteered for posting to glacier region, and if the petitioner's posting is based on non-volunteer basis, to quash the same, (order dated 3rd March, 1994 in Annexuer-4)."
(2.) As the affidavits on either side are complete and the attending circumstances so warrant, by the consent of the parties (indeed at their instance) and in accordance with the Rules of this court, this petition has been taken up for hearing and final disposal and is being finally disposed of by the present judgment.
(3.) The brief facts giving rise to this petition are as follows : The petitioner, at present a Captain in the 2 Battalion, Rajput Regiment of the Indian Army, was commissioned in the Indian Army on the 17th December, 1988 and on the same day posted to the Battalion aforesaid of the Regiment aforesaid. According to the petitioner he serviced with the battalion in extreme climatic conditions in the Jammu and Karhmir area for four years and six months. In November, 1992, the petitioner was sent as advance party commander to a peace station in Uttar Pradesh, under command and control of the 4 Infantry Division, and after making detailed arrangements for moving of the main body of the 2 Battalion of the Rajput Regiment returned to Jammu and Kashmir region, This was followed by the 2 Battalion of the Rajput Regiment moving from Jammu and Kashmir area to peace area station tenure in U. P., the petitioner going with his battalion. The petitioner states that on reaching the peace station location all went well with him and his battalion, In fact, petitioner has jointed out that the petitioner in a sense distinguished himself by leading the team which won the first position in the 4 Infantry Division inter-battalion firing competition as evidenced by an order/congratulatory message dated 17th April, 1993, inter alia, recording the above fact and congratulating the winning team copy of which order Is found as Annexure-1 to the writ petition.;