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RAJIV SAHAI ENDLAW, AMIT BANSAL
Rani Devi – Appellant
Versus
Indo Tibetan Border Police – Respondent
JUDGMENT
Amit Bansal, J. - Cm No.24627/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 7926/2021
3. The two petitioners, being Constables (General Duty)(Female) working with respondent Indo Tibetan Border Police (ITBP) have impugned the transfer order dated 20th July, 2021, whereby the respondent has posted the two petitioners to 8 Battalion and 47 Battalion respectively. The petitioners have further sought the following reliefs: (i) to redeploy the petitioners at the Indian Mission, Afghanistan in place of the officials who have served maximum period of service; (ii) not to remove the petitioners from the panel of personnel to be deployed at Afghanistan; (iii) to prepare a list of personnel including the petitioners who have served minimum period of service in Afghanistan in ascending order for the purposes of re-deployment, in place of the officials who have served maximum period of service, as and when vacancies arise; (iv) not to transfer the petitioners to a new place of posting; and, (v) not to suspend the diplomatic passports as well as visas issued to the petitioners.
4. It is the case of the petiti
Service personnel do not have a vested right to specific postings, and courts cannot interfere in administrative decisions regarding deployment based on operational needs.
The central legal point established is that the deployment and repatriation of personnel at foreign missions are purely administrative matters and cannot be dictated by the Court. Service personnel h....
Personnel of armed forces lack vested rights to specific postings; courts cannot intervene in administrative decisions concerning military deployments.
Deployment decisions are administrative and within the discretion of the competent authorities, but must be made in accordance with relevant policies and without discrimination.
The decision not to transfer the Petitioner to the Embassy of India in Nepal was neither arbitrary nor vitiated by malice, and the Petitioner had no vested right over a particular post in a particula....
The court upheld the discretion of administrative bodies in selection processes, emphasizing that personnel do not have a fundamental right to claim deputation but a right to fair consideration based....
A posting order does not create an estoppel against the authority, emphasizing the non-existence of vested rights over particular posts in personnel transfers governed by service exigency.
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