In Brief
Maj. Amod Kumar and others, Army Service Corps (ASC) officers, challenged posting orders to operational units as violations of Fundamental Rights under Article 32, relying on the Court's prior classification of ASC as 'non-operational' for promotion purposes. The Supreme Court dismissed the petitions, holding that postings and transfers are necessary incidents of service, not Fundamental Rights. The classification in the earlier case applied only to promotions, not postings. An alternate remedy before the Armed Forces Tribunal was available. The Court found no violation of statutory rules, executive policies, or mala fide, and noted that the competent authority has wide discretion in military postings, which should not be interfered with absent an exceptionally strong case.
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