T.A. No. 732 of 2009. Case: Capt. Jaya Shree Dey Vs Union of India (UOI) and Ors.. Armed Forces Tribunal
| Case Number | T.A. No. 732 of 2009 |
| Counsel | For Appellant: Mohan Kumar and Rashmi Singh, Advs. And For Respondents: Barkha Babbar, Adv. |
| Judges | Manak Mohta, J. (J) and Z.U. Shah (A), Members |
| Issue | Defence |
| Judgement Date | April 21, 2010 |
| Court | Armed Forces Tribunal |
Order:
(Principal Bench, New Delhi)
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The applicant filed a writ petition (civil) No. 7727 of 2009 in the Hon'ble Delhi High Court. The same was transferred to the Armed Forces Tribunal.
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The applicant, a lady medical officer was given a short service commission on 16.12.2005 vide appointment letter dated 17.11.2005 (Annexure P-1). While joining the service the applicant contends that she was given to understand that short service officers cannot be subjected to change of place of postings or change of tenure. The applicant therefore joined service under the impression that she would be given complete tenure of five years in Delhi. She was posted at Base Hospital, Delhi initially for a period of two years vide posting order dated 19.5.2006 (Annexure P-3) thereafter she was transferred to Military hospital at Akhnoor (J&K). She requested to cancel posting at Akhnoor (J &K), she also filed writ petition to cancel the posting order but later on that was withdrawn. She applied for premature release which was denied whereas it is stated that similarly placed officers were released.
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The applicant submitted that she wants to remain in Delhi due to her family compulsions as her 75 years old ailing mother and seven year old son are living with her and there is nobody except her to look after them. Her husband is serving in Kolkata. On receipt of her posting to Field Hospital Akhnoor (J&K) to report by 5.2.2009 vide order dated 2.1.2009 the applicant had submitted an application dated 27.1.2009 requesting that due to family compulsions she be allowed to complete her full year tenure in Delhi. The applicant also requested that in case her request is not acceded she may be released from her short service commission. The applicant contends that on 8.3.2009 the respondent arbitrarily returned the application on the grounds that the application was not on the correct format and a prior interview of the commanding officer was essential so that he could endorse his recommendations. The applicant contends that none of the conditions find place in Army Instruction 75/81 which govern the service conditions of short service officers.
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The applicant maintains that on 30.1.2009 the respondents issued her a movement order and directed her to move on posting to Akhnoor (J&K). The applicant challenged the posting and she filed a writ petition before the Hon''ble Delhi High Court. This was withdrawn on 10.2.2009 on the assurance by the respondents that her...
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