The father of the applicants died in harness and considering the facts and circumstances of their families, the Commanding Officer recommended their appointment on compassionate grounds. The Army Headquarters released vacancies for their appointment as lower division clerk and labourer in 1995.

However, they have not been appointed so far. The case of the applicants was that once the Army Headquarters releases vacancies for their appointments, they could not be denied appointment on the ground of non-availability of vacancies under 5 per cent quota for the purpose.

The action of the respondent was alleged to be illegal, arbitrary, unfair and unjustified.

Transfer case rejected
A local bench of the Central Administrative Tribunal comprising judicial member Jasbir S. Dhaliwal rejected the claim of M. L. Goel, Superintendent E/M, Grade-I, challenging his transfer from the office of GE, Chandigarh, to Headquarter, C.E, CHD Zone, Chandigarh.

The applicant alleged that his transfer was a violation of policy and would benefit one S. P. Gupta.

After hearing the counsel for the parties, the bench held that courts normally do not interfere in orders of transfer even if these are shown to be in deviation from certain policy guidelines circulated by the department if the same are passed on administrative exigencies.

It was observed that transfer order can be interfered if the transfer orders are shown to be violative of some statutory rules or if the same are passed with mala fide intentions. The allegations of mala fide were held to be not substantiated with any solid evidence. The case was dismissed being devoid of merits.