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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Awadhesh Kr Singh (Sub (PA)) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to respondent's movement order (Para 1) |
| 2. petitioner's reliance on previous posting order (Para 2 , 3) |
| 3. respondents' evidence and rationale for decision (Para 4 , 5 , 6) |
| 4. court's findings on transfer and entitlement (Para 7 , 8 , 9) |
| 5. dismissal of writ petition (Para 10) |
JUDGMENT
Manmohan, J. (Oral)
C.M. Appl. No. 10987/2021 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P. (C) No. 3620/2021 & C.M. Appl. No. 10988/2021 (Stay)
1. Present writ petition has been filed challenging Respondent's letter dated 03rd February, 2021 and Movement Order dated 09 February 2021 directing the Petitioner to return to Unit i.e., HQ 161 INF BDE i.e., Uri Division of Kashmir. Petitioner seeks a direction to the Respondents to withhold his movement since he is being directed to report back to Unit with thirty days leave upto 12th March, 2021 contrary to his posting Order dated 24 September 2020. Petitioner further seeks direction to the Respondents to allow him to continue his attachment to Army HQ (Addl Dir Gen-International Co-operation, Foreign Divisions) till pendency of this Writ or/and till his departure on posting t
A posting order does not create an estoppel against the authority, emphasizing the non-existence of vested rights over particular posts in personnel transfers governed by service exigency.
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....
Deployment decisions are administrative and within the discretion of the competent authorities, but must be made in accordance with relevant policies and without discrimination.
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 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.
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
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