- (1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing of order dated 10.12.2015 (Annexure P-5).
(2.) Case of the petitioner, in brief, is that he was Commissioned Officer serving in the Indian Army and was posted at Hisar. Petitioner is due to retire in July 2017. Respondents have passed the order dated 10.12.2015 transferring the petitioner from Hisar to Bhopal without taking in consideration the peculiar and domestic circumstances of the petitioner. Mother of the petitioner was 77 years old and was bed-ridden and brother of the petitioner was 57 years old but was a special child who was totally dependent on the petitioner. Father of the petitioner had died in March 2008. Since the petitioner had only 18 months of tenure left before his superannuation, he could be accommodated at the present place of posting on compassionate grounds.
(3.) Respondents, in their written statement, averred that the petitioner had no legal or vested right to continue at the present place of posting. Petitioner was posted at Hisar on 3.6.2013 and had completed more than two years and seven months. Petitioner was due to retire on 31.7.2017 on completion of age of 54 years. Petitioner had served at Peace Stations from 15.8.2005 onwards. Petitioner had submitted his representation for extension of his present tenure at Hisar by one year on the following grounds:- 1. To look after 77 years old bedridden mother, suffering from multiple ailments including Parkinson's disease and undergoing medical treatment and rehabilitation at Hissar. 2. To look after 57 years old brother, a special child who is totally dependent on the officer post demise of father in March 2008. 3. For his own treatment of Neutropenia Hypoplastic Anaemia at Research and Referral Hospital, Delhi. 4. For his son education, studying in class XII.;