UNION OF INDIA & ORS. Vs. VINOD AGGARWAL

JUDGEMENT

(1.) THE respondent, after serving for 19 years reached the stage of exercising a choice for a posting which he did, resulting in respondent being posted at Delhi for the first time on August 06, 2008; by said date the respondent who had joined as a DFO(M) with the Sasashtra Seema Bal (SSB) on June 22, 1989 had served the organization and the country well for 19 years. His grievance was of being transferred out of Delhi as per order dated April 16, 2010. This was within less than two years of he having worked at Delhi. Respondent placed reliance upon the transfer policy which envisages tenure of 5 years at a place of posting.

(2.) THE respondent pointed out instances of people who had served for tenure longer than him at Delhi, and in particular pointed out the case of one Dilbagh Singh who had served for 4 years. Since the transfer order was being defended by SSB on the application of principle of: 'exigencies of service', the petitioner would urge before the authorities that if 'exigencies of service' had to be applied as a principle to over -reach the transfer policy then the principle: 'first come to go first' should have been applied i.e. if the tenure at choice of posting had to be curtailed then why not the person who had availed the maximum benefit of the choice.

(3.) SUFFICE would it be for us to state that on issues of transfer policy and especially when department relied on 'exigencies of service', it would be difficult for a Court or a Tribunal to start comparing the tenure of individuals.