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Madras HC sets aside order transferring army man to J&K

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Chennai, Dec 12: Observing that it is the duty of the Army to motivate youngsters to join the armed forces not only for good salaries but better service conditions, the Madras High Court has set aside an order transferring an army man in the last leg of his service.

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

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

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

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

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

Besides, he had submitted that his wife is in advanced stage of pregnancy and would not be able to take care of their two other children, who were studying in classes I and VI.

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

In addition, the petitioner has served at various states in various area profiles and had 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 the purpose of posting, the 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.

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

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