N. SOMORJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned transfer and posting order dtd. 10/1/2022 and the movement order dtd. 17/1/2022 and to allow the petitioner to complete his tenure in the M&N Sector as per Para No.4(ix) of the Standing Order dated 07/2015 and to defer the transfer and posting to 28 Bn by invoking Para No.4(b)(xvi) (vi) of the Standing Order.

(2.) The case of the petitioner is that he was appointed as CT/DVR in the year 2005 and after completion of his basic training, the petitioner was posted at 44 Bn from 26/4/2006 to 6/6/2006 at Churachandpur, then Lucknow, Srinagar and Zainakote and then he was posted at 26 Bn from 31/12/2012 till 9/3/2014 located at Chas Bokaro. Again the petitioner was transferred and posted to 87 Bn in Jiribam from 9/3/2014 to 25/6/2018 and from then onward, he was transferred and posted to the present place of posting at GC, Imphal from 25/6/2018 till the issuance of the order dtd. 31/1/2019 and 28/2/2019 respectively.

(3.) Further case of the petitioner is that while he was serving in the GC, Imphal, an order dtd. 31/1/2019 was issued thereby the petitioner and other incumbents were transferred to different places of postings and the petitioner was allotted to Central Zone. Consequent to the order dtd. 31/1/2019, an order dtd. 28/2/2019 was issued whereby the petitioner was transferred and posted to 161 Bn under the Central Zone located. Aggrieved by the signal dtd. 31/1/2019 and 28/2/2019, the petitioner submitted a representation on 5/3/2019 to the IGP (Pers), New Delhi requesting to complete his tenure at GC, Imphal and for cancellation of the Zonal transfer. The representation of the petitioner was not considered and disposed of till date, but in the case of similarly situated incumbents, signal dtd. 10/5/2019 was issued whereby their request was considered. Though the DIG (Adm) recommended for cancellation of the petitioner's transfer, his request was not acceded vide signal dtd. 29/7/2019 stating that the petitioner has already availed home posting in 87 Bn and GC Imphal for last 4.4 years.