BHAGWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) A Summer Chain Transfer - 2014, in respect of SI(Min) in Central Reserve Police Force came to impact the petitioner, who is a SI(Min) in the Central Reserve Police Force, when the transfer order was issued on June 14, 2014, for the reason name of the petitioner is at Serial No.71 of the list of 99 SI (Min) transferred . The petitioner, who was attached with the Group Centre, Delhi was transferred to Srinagar in the State of Jammu and Kashmir. The petitioner made a representation on June 19, 2014 by relying upon a Standing Order No.02/2011, dated May 12, 2011, on the subject of the transfer of ministerial staff, as per para 3(b) whereof 'The normal tenure of posting in all static offices and duty Battalions located in the area other than NE Region, J and K and LEW (Left Wing Extremism) affected field areas, will be numeral four years (including the period of attachment with such offices).' The same was rejected on July 11, 2004; and the reason was non -availabilities of vacancies at Delhi.

(2.) THE petitioner went to Jammu and sought audience from the Inspector General, CRPF, Jammu Region on July 21, 20l4 seeking his retention in the Group Centre, Delhi on medical grounds as also for the education of his children. As per the petitioner, the Standing Order No.02/2011 entitled him to remain at a static office, i.e. the Group Centre, Delhi where he was posted on January 11, 2012. As per the petitioner, in terms of para 3(b) of the Standing Order No.02/2011, he was entitled to remain at the Group Centre in Delhi till January 11, 2016. The petitioner pointed out to the Inspector General that it was not the case of the department that due to exigencies of service the petitioner was required to be transferred to Srinagar. The petitioner pointed out that at a general exercise for the Summer Chain Transfer - 2014, inadvertently name of the petitioner was included in the list notified on June 14, 2014.

(3.) THE meeting with the Inspector General of CRPF at Jammu bore partial, not full, fruits of success, when a signal dated July 22, 2014 was issued, posting the petitioner to the CRPF Group Centre at Sonepat, which we are given to understand is about 40 Km from the city of Delhi.