Summary
The Supreme Court dismissed Army Service Corps personnel’s challenges to postings in operational areas. Their classification in an earlier promotion-vacancy case did not exempt them from operational postings. No fundamental-right infringement, breach of service rules or mala fides was established. Transfer is an incident of service, and genuine posting grievances could be raised before the Armed Forces Tribunal.
Issues
- Whether the earlier description of ASC personnel in a promotion case barred their operational postings.
- Whether the posting challenges could be entertained directly under Article 32 or justified judicial interference.
Provisions considered
- Article 32, Constitution of IndiaThe petitioners failed to establish a fundamental-right violation and had an alternative statutory remedy before the Armed Forces Tribunal, so their direct posting challenges were rejected. (¶ 6.2–6.3)
- Articles 14 and 21, Constitution of IndiaThe asserted infringement was not substantiated merely by operational postings, which were a necessary incident of service. (¶ 6.2)
Held
- The earlier P.K. Choudhary ruling concerned distribution of additional Colonel vacancies among distinct cadres. Its treatment of the services stream for that promotion issue did not govern postings or make ASC personnel exempt from operational duties. (¶¶ 6.1, 6.4)
- The petitioners did not substantiate any violation of fundamental rights. Direct Article 32 challenges to these postings were not maintainable in these circumstances; genuine grievances could be pursued through the Armed Forces Tribunal. (¶ 6.2–6.3)
- Interference with armed-forces transfers is particularly limited and requires an exceptionally strong case. No violation of statutory rules, executive policy or instructions, and no mala fides, was shown here. (¶ 6.5)
- The service oath bound personnel to serve wherever ordered. Their specialised logistical role and the earlier promotion classification supplied no basis to disturb the postings. The petitions were dismissed without costs. (¶¶ 6.4, 6.6–6.7, 7)
Result
Writ petitions dismissed without costs; operational postings undisturbed.