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september 2018

Supreme Court of India · 2018-09-06

Maj. Amod Kumar vs Union Of India

Citation / case number
AIRONLINE 2018 SC 148
Court
Supreme Court of India
Petitioner
Maj. Amod Kumar
Respondent
Union Of India
Author
Rohinton Fali Nariman
Bench
Indu Malhotra, R.F. Nariman

Judgment text excerpt

The Supreme Court ruled that personnel of the Army Service Corps (ASC) cannot be posted to operational areas based on the precedent set in Union of India & Anr. v. Lt. Col. P.K. Choudhary & Ors. (2016) 4 SCC 236, which classified ASC as a 'non-operational' unit. The Court emphasized that the classification for promotional avenues should also apply to deployment and postings, thereby holding that the posting orders issued to the petitioners were invalid. Consequently, the Court quashed the posting orders and directed the respondents to reconsider the postings in light of the established classification.

Maj. Amod Kumar vs Union Of India · Niyam