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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Hc Gd G Raghu – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been preferred by the petitioners seeking issuance of a writ of certiorari for quashing of order dated 14.07.2022 passed by the respondents, whereby their request for reconsideration for posting to embassy of India in Afghanistan, has been denied. In addition, a writ of mandamus seeking a direction to respondents to process the case of petitioners for posting them at Afghanistan in terms of Standing Order No. 04/2017 dated 07.06.2017 as well as Corrigendum & Addendum dated 11.02.2021, on parity with Shri Ravikant Gautam, Second in Command; Inspector (GD) Sunil Panwar; Inspector (GD) Gopal Singh Meena and Dr.Sunil Kumar Bhagat, who have been re-deployed to the Embassy of India, Afganistan vide order dated 22.06.2022, is also sought.
2. The facts, as narrated in the petition, are that petitioners had joined the services of Indo Tibetan Border Police Force ("ITBP") in the years 2001 and 2002 and were promoted to the rank of Head Constable in their respective trades. Pursuant to respondents inviting applications from eligible serving personnel for posting to Indian Mission, Afghanistan on deputation subject to passing the recr
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.
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 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....
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
The court upheld the principle that amendments affecting criteria for deputation should not be applied retroactively and should not unfairly affect the rights of candidates who had already qualified ....
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....
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 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....
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