WA NO. 566 OF 2025 1 2025:KER:26946 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WA NO. 566 OF 2025 AGAINST THE JUDGMENT IN WP(C) NO.8651 OF 2025 OF HIGH COURT OF KERALA APPELLANT(S): JAYAKRISHNAN B.L., (JC-701035P SUB (NT), AGED 41 YEARS S/O. P.BALACHANDARAN NAIR, GOURISANKARAM, PARAPPARA P.O., THOLICODE, THIRUVANANTHAPURAM., PIN - 695551 BY ADV E.V.MOLY RESPONDENT(S): 1 UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF DEFENCE NEW DELHI., PIN - 110001 2 THE CHIEF OF ARMY STAFF THE CHIEF OF ARMY STAFF, SOUTH BLOCK NEW DELHI., PIN - 110001 3 INTEGRATED HEAD QUARTERS OF MOD (ARMY ADJUTANT GENERAL’S BRANCH, DIRECTORATE GENERAL OF MEDICAL SERVICES (ARMY) DGMS-4A 'A' BLOCK, 3RD FLOOR DEFENCE OFFICES COMPLEX, K.G.MARG, NEW DELHI, PIN - 110001 4 AMC (RECORDS) LUCKNOW (UP), C/O. 56 APO, PIN – 900450 5 COMMANDING OFFICER, MH TRIVANDRUM PANGODU MILITARY STATION, THIRUMALA P.O., TRIVANDRUM, PIN - 695006 OTHER PRESENT: SRI T C KRISHNA DSGI IN CHARGE THIS WRIT APPEAL HAVING BEEN HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 566 OF 2025 2 2025:KER:26946 JUDGMENT Amit Rawal, J. Petitioner has challenged the transfer order dated 18.12.2024 transferring him from Thiruvananthapuram to Rajasthan. However after one month had submitted an application for premature retirement on the ground of certain disabilities. 2. Learned counsel appearing on behalf of the petitioner- appellant submitted that an application for extension of stay in the place of posting at Thiruvananthapuram had already been submitted but has not been considered. 3. The learned Single Bench on consideration of the matter had while dismissing the writ petition observed as under: 2. The petitioner’s application for premature retirement is dated 18.02.2025. However, the petitioner was transferred before the said date vide order dated 18.12.2024. The petitioner cannot remain posted at Trivandrum despite the transfer order dated 18.12.2024 on the ground that his application for premature retirement has not been considered when he has filed his application only on 18.02.2025. Such a plea is wholly untenable. Even otherwise, this Court would not interfere with the transfer and posting of Army personnel. The decision regarding transfer and posting is to be taken by the competent authority. The petitioner has already served more than 3 years at his current location, his hometown. The petitioner wants to serve at his hometown till he gets retired or in validate out of the service. 3. In view thereof, I do not find any substance in this writ petition, which is hereby dismissed. However, the WA NO. 566 OF 2025 3 2025:KER:26946 petitioner is granted one week time to join his transferred place of posting and if the petitioner joins the transferred place of posting, no disciplinary proceedings shall be initiated against him. The competent authority should take a necessary decision on the application of the petitioner dated 18.02.2025 for premature retirement on medical grounds. 4. We are of the view that the submission of the application for premature retirement has no connection with the order of the transfer. Petitioner-appellant has been given liberty to join within a period prescribed and if joins, no disciplinary proceedings shall be initiated. We do not find any illegality and perversity in the order. Considering the attenuating circumstances, we deem it appropriate to direct the respondents to consider the application submitted by the petitioner for premature retirement as expeditiously as possible at any rate within 45 days from the date of receipt of copy of this judgment. Writ appeal is dismissed. Sd/- AMIT RAWAL JUDGE Sd/- sab K. V. JAYAKUMAR JUDGE