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MANMOHAN, NAVIN CHAWLA
Rajeev Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - C.M.No.8855/2022
Exemption allowed, subject to all just exceptions.
accordingly, the application stands disposed of.
W.P.(C) No.3056/2022 & C.M.No.8854/2022
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the impugned orders dated 25th January, 2022 and 07th February, 2022 whereby the Petitioner has been transferred from 233(M) Bn, Lucknow to 153 Bn Bijapur Chhattisgarh. Petitioner also seeks directions to the Respondents to allow the Petitioner to complete his normal tenure of three years at 233 (M) Bn Lucknow.
3. On the last date of hearing, learned counsel for the Petitioner had stated that the Petitioner had been posted out of his current place of posting to a hard place of posting in violation of the Standing Order 07/2014 dated 24th November, 2014 which specifically provides for a tenure of three years at a particular unit. He had stated that the Petitioner's current place of posting at Lucknow was his first peace posting after serving for almost seventeen years and within four months of his joining at Lucknow, the Petitioner had been posted out to a Category 'a' location at Bijapur, Chhattisg
The central legal point established is that the transfer of the petitioner was in accordance with the Standing Order 07/2014, which governs postings upon promotion.
Administrative authorities must adhere to established standing orders regarding personnel transfers, and courts must respect compliance with procedure unless clear irregularity is shown.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
The main legal point established in the judgment is that transfer orders must be in compliance with the relevant Standing Orders, and in cases of medical grounds, the authorities must consider the pe....
A government servant holding a transferable post has no vested right to remain posted at one place or other, and transfer orders should be based on administrative exigency and not arbitrarily or for ....
Transfer is an incident of service and an employee has no vested right to a particular posting. While premature transfers against an established tenure should ideally be justified by administrative r....
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
The main legal point established in the judgment is the importance of considering medical grounds for transfer and the need for fair monitoring of inter-zonal transfers as per the CRPF transfer polic....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
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