Madras High Court sets aside order transferring army man to Jammu and Kashmir

Observing that it is duty of Army to motivate youngsters to join armed forces not only for good salaries but better service conditions, Mras High Court has set aside an order transferring an army man in last leg of his service.

Justice S Vimala set aside order transferring Havildar B Sakthivel from Chennai to Jammu and Kashmir in last leg of his service as he is due to retire in 2020.

"It is duty of Army to motivate youngsters of country to join armed forces not only with just superior salaries, but better service conditions and or compensatory packages," judge said while setting aside transfer order dated August 20, 2018 and allowing writ petition by havildar.

She observed that purpose behind last leg posting at a place of choice is that member of force can find an accommodation where he can live peacefully in his twilight years.

" policy of last leg tenure posting is a recognition that a member of armed force, who has served country well and has spent more than 50 per cent of tenure in non-family stations, is entitled to settle his personal affairs before he retires, so that, post-retirement he can live in peace," judge said in her recent order.

petitioner h submitted that he has an aged far, an amputee with only one leg in terms of functional efficiency, who would not be able to take care of Sakthivel's family.

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Besides, he h submitted that his wife is in vanced stage of pregnancy and would not be able to take care of ir two or children, who were studying in classes I and VI.

Recording submissions, judge said petitioner cannot discharge his duty in between two extreme difficulties and is entitled to be retained in Chennai.

In dition, petitioner has served at various states in various area profiles and h worked in Jammu and Kashmir alone for a period of a little over 10 years, which is defined as a hard area and field area for purpose of posting, judge observed.

Sakthivel was posted at Chennai on last leg transfer on April 30, 2016 for 36 months, but ordered to be transferred to Jammu and Kashmir by an order dated August 20.

judge set aside transfer order and directed authorities to permit petitioner to remain in Chennai for remaining period, ie, till his superannuation.

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