SHEO BALAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) AN order of transfer dated 26. 10. 2006 has been assailed in the present writ application. By the aforesaid order the petitioner has been transferred from Headquarters HQ 42, BRTF/setuk to Headquarters CE (P) SAMPARK. The petitioner is a Superintending Engineer in the General Reserve Engineering Force (GREF) under the Border Roads Development Board (BRDB ). It may also be noticed, at this stage, that by the impugned transfer the petitioner is required to move from his present posting in Tripura to the State of Jammu and Kasmir.

(2.) ACCORDING to the petitioner, he had earlier instituted a writ proceeding before this Court registered and numbered as W. P. (C) No. 4989 of 2006 wherein he had assailed an order dated 12. 5. 2006 of the Director General, Border Roads, declaring status-ante with regard to the equivalence of the post of Superintending Engineer with that of regular Colonel of the GREF. According to the petitioner, the respondents not being happy with the challenge made by the petitioner has transferred him to the State of Jammu and Kashmir by the impugned order dated 26. 10. 2006 only with a view to preventing the petitioner from pursuing his earlier writ petition filed before this Court. Additionally, according to the petitioner, under the transfer policy in force the petitioner being in a command post in the 42 BRTF is entitled to have a tenure of 2-3 years and the impugned transfer, before completion of the laid down tenure, is premature and contrary to the norms in force. It is on the aforesaid two broad grounds that the challenge projected in the writ petition has been sought to be built up.

(3.) THE respondents have filed an affidavit contesting the claims made in the writ petition. According to the respondents, there are 13 command posts in the GREF which can be manned by Superintending Engineers. Under the promotion policy, in force, a Superintending Engineer to be eligible for promotion to the next higher rank of Chief Engineer must have at least two years of experience in a command post. In the affidavit filed, the respondents have further stated that as the normal tenure of a command/executive post is two years which is extendable to three years attempts are made to ensure that an incumbent remains in a command post for at least two years so as to make him eligible for further promotion. Shillong of an Officer before completion of two years tenure in a command post as well as his retention beyond two years would depend on the organizational needs. According to the respondents, the petitioner is due to complete a tenure of two years in the command post in 42 BRTF on 20th December 2006 and therefore to make room for other deserving Superintending Engineers who have not yet held a command post the impugned transfer has been made. In the affidavit filed the respondents have also categorically denied that the institution of the writ proceeding registered and numbered as W. P. (C) No. 4989/2006 has any reasonable connection with the transfer of the petitioner. In this regard it has been pointed out, in the affidavit filed, that the posting proposal of as many as 17 officers including the petitioner, upto December 2006 was prepared by the Joint Director (Personnel) on 28. 6. 2006. Thereafter, it was approved on 26. 10. 2006 whereafter the impugned order of transfer has been passed. In the affidavit filed, the respondents have also stated that out of the total 23 years of service rendered by the petitioner he has served for more than 16 years in the North-Eastern Sector and therefore to maintain a balanced Sector-profile in the case of the petitioner and in accordance with the transfer policy in force the impugned order had to be passed.