S.JAYABALAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This writ petition is instituted by the Chief Medical Officer (Selection Grade), attached to the Central Reserve Police Force and Armed Force of the Union, questioning his transfer and attachment to the hospital of the CRPF at Bilaspur, Chhattisgarh State. Dr. R. Gouri, learned Counsel has very passionately pleaded that out of 22 years of service rendered by the writ petitioner, he had spent most time away from his home town, Coimbatore, and he was posted at Coimbatore only on 28.9.2012, and by the impugned order passed on 20.7.2015, he has been shifted out of Coimbatore. Great emphasis has been placed on the Standing Order No. 7/2014 formed by the CRPF itself on 24.11.2014, regulating the Transfer Policy for the Gazetted Officers (Executives and Medical Officers). Paragraph 2 of the Standing Order delineated the main features of the policy. It opens up setting forth that Transfer Policy should be followed strictly in letter and spirit in a transparent manner, without any bias. Clause (iii) would further set out that the normal tenure from Assistant Commandant to DIG, would be three years, and that, no officer should be allowed to continue for more than a period of three years at a stretch, except Training Institution/Intelligence Set-up/Parliament Duty Group/Special Duty Group/Signals/Legal Cells, etc. The tenure of the Officer posted in the Training Institution/Intelligence Set-up/Parliament Duty Group, etc., is spelt out as four years. Therefore, it is urged that the petitioner, who has now been attached to the Central Training College, CRPF at Coimbatore, should be allowed to spend full four years of time, which would only expire in January, 2017, and hence the writ petitioner ought to have been continued in service till such time.

(2.) Per contra, the learned Standing Counsel for CRPF would contend that there are no many Doctors available with post graduate qualification, and the writ petitioner possesses post graduate qualification in MS (Orthopaedics), and the situation in Chhattisgarh State requires the services of specialized Doctors to attend to the casualties suffered by the members of the Force, and hence to sub-serve the larger public interest, the writ petitioner has been transferred and posted to Bilaspur in Chhattisgarh.

(3.) Transfer of a Government Servant from place to place is an incidence of service. The conditions of service remain the same and unaltered, wherever one is transferred and posted. So long as transferability is one of the conditions of service, no exception can be drawn to any such order of transfer. The known exceptions to an order of administrative transfer, recognized by the Courts are: