JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL.53689/2023 (for early hearing)

1. Issue notice. Notice is accepted by learned counsel appearing for the respondents.

2. For the reasons stated in the application, the application is allowed.

3. Petition is take up for consideration today itself.

4. The next date of 06.11.2023 is cancelled.

W.P.(C) 12809/2023 & CM APPL.50465/2023 (stay)

5. Petitioner seeks quashing of movement order dated 22.09.2023 transferring the petitioner from Training Directorate, FHQ, New Delhi to 19 BN BSF, which is under the Frontier Headquarters, Guwahati.

6. Learned counsel for the petitioner submits that petitioner has been posted out prior to completion of the normal tenure of four years at the place of posting. She submits that petitioner was posted to Force Headquarter on 10.11.2022 and had joined on 02.12.2022.

7. Learned counsel for the respondents submits that the normal tenure of posting of four years is subject to the exigencies and requirements of the Force and in cases of promotion, a normal tenure of four years does not apply.

8. Learned counsel for the respondents refers to Rule 9 of the Border Security Force (Tenure of Posting and Deputation) 2000, which sti