BANWARI VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is Sub Inspector (M) in Central Reserve Police Force (for short C.R.P.F.). He is aggrieved by order dated 14.6.2014, whereby, he has been transferred from 148 Battalion deployed at Chandauli to 161 Battalion deployed in Srinagar and the order dated 20.6.2014 passed by respondent no.3 rejecting his representation for cancelling the transfer order.

(2.) According to the petitioner, he was transferred to 148 Battalion Chandauli on 23.8.2011, which is a hard area posting. As per Standing Order No.2 of 2014 (for short 'Standing Order') issued by Ministry of Home Affairs, New Delhi relating to transfer policy of Ministerial/Stenographic/ Official Language Cadre, the petitioner having completed the stipulated tenure of two years in hard area, is entitled to be posted in a soft area, but has been illegally transferred to 161 Battalion, which is deployed at Srinagar, a hard area. It is urged that according to paragraph 6 of the Standing Order, he is entitled to be posted in a soft area and consequently, impugned order is illegal as well as the order rejecting his representation.

(3.) The respondents have filed a short counter affidavit, in which it is stated that out of 26 years of service, the petitioner had served only one year two months in hard area i.e. 95 Battalion Dimampur w.e.f. 5.5.1998 to 5.7.1999 before posting in 148 Battalion, Chandauli w.e.f. 8.10.2011. The petitioner had reported on transfer in Central Sector Headquarter, Lucknow U.P. on 31.5.2010 from G.C. Siliguri (West Bengal) and thereafter, made an application on 23.5.2011 for posting at 148 Battalion on the ground that his wife is undergoing treatment at Varanasi. The aforesaid request was accepted and the petitioner was transferred from the office of I.G.P. C/S Lucknow to 148 Battalion, Chandauli vide order dated 30.7.2011. In pursuance thereof, the petitioner joined at Chandauli on 8.10.2011. Thus, his posting at 148 Battalion was a "Choice Posting" being on his request. It is submitted that according to Standing Orders, the period spent during choice posting in hard area is not counted as hard area posting in view of definition of 'hard area posting' under paragraph 2 (h); as such, there is no breach of any Standing Order. It is further contended that out of 25 Battalions of C.R.P.F., 20 Battalions are deployed in LWE/J & K. area. Thus, all personnel could not be accommodated at their choice place. It has been further pointed out that while posting in 148 Battalion at Chandauli, the petitioner was stationed at Unit Headquarter of the Battalion, which is 13 kilometers from Mughalsarai Railway Station and 14 kilometers from Varanasi Cantt. Station. It is stated that only Companies of 148 Battalion are deployed in L.W.E. area and thus, the petitioner, who was posted at the Headquarter of the Unit, which was his choice posting, was virtually deployed in a soft area, consequently, no interference is called for.