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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Arvin Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL. 9228/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 974/2023
3. With the consent of the counsel for the parties, the present petition has been taken up for consideration today.
4. Vide the present petition, the petitioners are seeking following reliefs:
"a.) issue a writ in the nature of mandamus, directing the Respondents to include the names of petitioners in SCT 2023 who have completed their prescribed tenure as per policy i.e. S.O. 03/2016.
b.) issue the writ in nature of mandamus, directing the respondents to transfer the petitioners to the soft area following the policy as per S.O. 03/2016 which was prevailing at the time of transfer of Petitioners."
5. It is not in dispute that vide Summer Chain Transfer Order dated 15.05.2020, the petitioners were posted 222 Battalion, Bijapur, Chhattisgarh, the petitioner No. 1 was posted on 04.09.2020, the petitioner No. 2 on 04.12.2020 and the petitioner No. 3 on 14.02.2021 and they were posted for two years as per the Policy bearing No. S.O.03/2016 dated 29.12.2016 which was then existent. As per the aforementioned policy, the period for soft-area posting
The court's decision was based on the interpretation of the old and new transfer policies and their applicability to the petitioners.
Transfer of employees is a condition of service under established policies; courts limit interference to cases of mala fides or statutory violations.
The main legal point established in the judgment is the importance of fair and equal treatment in transfer and posting, as mandated by the Transfer Policy clauses 12, 15, and 16.1, to avoid prolonged....
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
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.
The court established that co-location postings for airmen should prioritize family welfare and that tenure restrictions must align with the policies governing such postings, particularly in cases in....
The central legal point established in the judgment is the need for fair and equal treatment of employees, non-discrimination, and non-arbitrariness in state action as per Articles 14 and 16 of the C....
Administrative authorities must adhere to established standing orders regarding personnel transfers, and courts must respect compliance with procedure unless clear irregularity is shown.
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