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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Amarjit Kumar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (oral)
CM APPL. 31127/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 8071/2023
3. The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs:
"(a) Issue a writ of certiorari quashing the transferred order dated 17.03.2023 qua the petitioner whereby the respondents have transferred the petitioner from Eastern Frontier, Lucknow to FA\V-I, Rupai, Assam,
(b) Issue a writ of mandamus to the respondents to follow the guidelines of Standing Order No. 02/2020 dated 15.10.2020 and allow the representation dated 22.05.2023 for seeking permission to retain at present posting on compassionate grounds.
(c) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. Learned counsel appearing on behalf of the respondents on advance Notice submits that on completion of three years of service at Lucknow, the petitioner made a representation stating therein that his son is studying in 09th standard and going to be promoted to 10th standard, therefore, one year extension may be granted to hi
The court directed the petitioner to make an appeal before the concerned authority, to be considered on compassionate grounds and disposed of within a specified period.
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
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 main legal point established in the judgment is that unless arbitrariness is shown, the court should refrain from interfering in transfer and posting orders, especially in the case of armed force....
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
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 administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
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....
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....
The court has the power to direct the respondents to consider the petitioner's representation regarding his transfer within a time-bound period and allow the petitioner to continue working at his pre....
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