Karnataka High Court Denies IAF Officer’s Request, Limits Inquiry on Defense Transfer Policy

Last Updated on November 18, 2023 by News Desk

Issue: Appeal against Transfer Posting Order for Indian Air Force Personnel is dismissed by Karnataka High Court.

Situational Facts: In his appeal, Indian Air Force member Rangaswamy B T contested a transfer posting order dated December 29, 2022, and the Karnataka High Court processed the case. Invoking a forthcoming criminal case as justification, the appellant requested a two-year extension of his jail sentence. The second appeal followed the first petition’s denial by a one-judge court.

Arguments: A two-year delay was requested by the appellant because of the ongoing criminal prosecution, claiming that the transfer order would cause unjustifiable hardship. The Defense Service, on behalf of the central government, countered that the policy of request posting is a multi-criteria policy and is not a strict entitlement. There was no chance of an extension since the appellant had already said that the compassionate posting would only last for two years.

Reasoning for the Judgment: Although the court acknowledged the appellant’s claim, it focused on the assurance given over the length of the compassionate posting. Requirement posts do not ensure an extension, it said, highlighting the many considerations that go into defense posting decisions. Using the policy as a guide, the court said that requests for appointments would not be accepted for extensions beyond the permitted duration. The writ court’s inability to delve more into the matter was emphasized, along with the strategy’s conformity with defense obligations.

Judgment: The division bench rendered a devoid of merit decision in dismissing the appeal. The court noted that the appellant had already reported for duty in accordance with the transfer order. The ruling emphasizes the limited scope of humanitarian deployments and the lack of a right to extension, demonstrating the court’s unwillingness to interfere with military posting procedures. Therefore, by dismissing, the Defense Service preserves its stance and the integrity of its posting criteria.

Case Title: Ranagaswamy B T And Union of India and Others

Written By: Nikita Shankar @nikitaashankar