This petitioner, a Colonel seeking a compulsory last-transfer to Delhi due to inter-caste harassment and family pressure, argued for assignment to a Base Hospital. The Court held that the policy permitted only a choice of city, not the specific hospital.
The writ petition seeking quashing of the transfer to the Field Hospital was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COL.(SG) S.S.MORE ..... Petitioner Through: Mr.S.R.Kalkal, Advocate.
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr.Rajeeve Mehra, Senior Advocate with Mr.Asit Tiwari, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SUNIL GAUR
PRADEEP NANDRAJOG, J.
WP(C) 5342/2011 Page 1 of 6
vide para 30, petitioner is entitled to apply for a last tenure posting before superannuation.
“Brief reasons for last tenure posting on compassionate ground in respect of NTR-16547M Col SS More, QM CH (NC) C/o 56 APO
Sir,
May I submit the following for your kind consideration:-
WP(C) 5342/2011 Page 2 of 6
retiring and will have to stay for rest of my life in this hostile social environment. 3. Further, my daughter names Miss Gurmeet K has already completed 25 years of age and I am putting my hard efforts of her marriage at the earliest. Due to the social reasons mentioned above it has created a lot of complication for me for her marriage which has become a major hurdle in the way. I am under a tremendous pressure for these reasons and unable to explain further. Honestly, I am a perturbed father with an only and only wish left to see that no harm come to my son and daughterin-law and my daughter get married. I have tried to visit my home place/my Son during leave from this loc (Udhampur) but it will be appreciated it has not helped by cause. I have to be very closed to my native place/my son to overcome/solve this problem. I have to repeatedly meet my relatives to assuage their feelings in order to survive with my kith and kin for the rest of my life.
With an expectation of justice at this need of hour.”
WP(C) 5342/2011 Page 3 of 6
quashed and mandamus be issued to the respondents to transfer him at the Base Hospital, Delhi Cantonment.
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WP(C) 5342/2011 Page 5 of 6
(PRADEEP NANDRAJOG) JUDGE
(SUNIL GAUR) JUDGE
AUGUST 02, 2011 dk
WP(C) 5342/2011 Page 6 of 6
2 issues framed by the court
Whether the petitioner has a right to specify the particular hospital within a chosen city for his last tenure posting upon retirement.
Whether the petitioner was discriminated against or treated with malafide by being posted at a Field Hospital instead of a Base Hospital.
Col. (SG) S.S. More
Union of India
Pradeep Nandrajog
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
