SHYAM SUNDER SHAH Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. H.G. Boruah, learned counsel appearing for the petitioner and also Mr. K.Paul, learned CGC appearing for the respondents.

(2.) By this writ petition, the petitioner is assailing the impugned transfer and posting order i.e. the impugned Massage Unclas A 1520, dated the 1st June, 2015 under which the petitioner has been transferred from 36AR (Charduar) to 28AR (Lunglei) as Second-in-Command (Chief Medical Officer). One of the grounds for assailing the transfer order is that the Commandant (Medical) Composite Hospital SSB TZP at Salonibari issued a Medical Certificate dated 04-06-2015 that the present petitioner is in LMC A2 (Personnel) w.e.f. 28/05/2014 for 02 years and he has implants in situ and has some clinical and functional deficits and as such he should not be posted in hilly terrain. For easy reference, the said Medical Certificate dated 04-06-2015 (Annexure - VI to the writ petition) is quoted as under:

(3.) As the petitioner is in Category A2 as indicated in the said Certificate, he is fit for all duties not involving crawling, running, jumping, long marching, hill climbing and handling weapons. Mr. K.Paul, learned counsel appearing for the respondents contended that as the petitioner is to be transferred as Chief Medical Officer, he may not require crawling, running, jumping, long marching and hill climbing.