Back
IN THE HIGH COURT OF DELHI
Rajiv Sahai Endlaw, Amit Bansal, JJ.
Sujata Rathore - Appellant
Versus
Union of India - Respondent
W.P.(C) 7299 of 2021 & CM 22979 of 2021 (for stay)
Decided On : 30-07-2021
| Table of Content |
|---|
| 1. petitioner's transfer from delhi to udhampur. (Para 1) |
| 2. petitioner's claim of premature transfer. (Para 2) |
| 3. respondent's defense on contract terms. (Para 3) |
| 4. court's analysis of transfer policy. (Para 4 , 6 , 7 , 8) |
| 5. conclusion: no case for interference. (Para 9) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J. This petition has been filed by the petitioner, being Mahila/Inspector (Ministerial Cadre) with respondents Central Reserve Police Force (CRPF) impugning the transfer orders/signals dated 12th July, 2021 and 26th July, 2021 transferring the petitioner from her present place of posting at Delhi to Udhampur.
2. The counsel for the petitioner contends that petitioner had a hard posting from 2014 to 2017 at Srinagar and thereafter on 29th March, 2017 was posted in Pinjore, Haryana. On 1st August, 2020, after completion of three years posting in Pinjore, the petitioner was transferred to Delhi and therefore, the petitioner is being prematurely transferred out of Delhi to Udhampur only after a tenure of one year. It is further submitted that the petitioner has a school going child and the aforesaid transfer would disrupt the academic activities of her child.
3. The counsel for the respondents appearing on advance notice points out that as per order/signal dated 1st August, 2020 the petitioner was posted to Delhi only for one year and after completion of the said period of one year, she was to be posted in a hard area.
4. The counsel for the respondents has also drawn our attention to paragraphs 4 and 6 of the standing order dated 29th December, 2016 of the respondents CRPF, which details the transfer policy applicable to personnel in the Ministerial/Stenographic/Official Language cadre. The relevant portion of the standing order is set out below:
"4. TENURE OF POSTING.
a) With a view to maintain uniformity, the tenure of all officers/officials of Ministerial/Stenographic/Official Language cadre will be as under.
1) Soft area-03
2) Hard area-02
b) Though the normal tenure of posting in Directorate will be 03 years, extension may be given in exceptional cases to the officer/official whose services are considered essential based on the recommendation of IsGP of the branch. In any case, the total tenure at Directorate General should not be more than 5 years at a stretch.
c) In case, any officers/officials is transferred from one soft area to another soft area or from one hard area to another hard area, the tenure in such cases will be reckoned by dubbing such consecutive postings. However, transfer should not ordinarily be issued of an officer/official who has recently reported in a particular office, on the plea of completion of Zonal/Sector tenure or completion of clubbed tenure of two consecutive offices. In such cases, change of Zone/sector or transfer of such official should only be issued after completion of at least half of the prescribed tenure at present office/place.
6. ROTATION
All officer/official will be rotated on transfer in such a way that after every soft area posting, he/she should be posted to a hard area and vice versa as per tenure policy except in the case of ASI (ST) and isolated posts."
5. A reading of the above, clearly demonstrates that the policy of the respondents is that after every soft area posting, the personnel would be posted to a hard area and vice-versa. It is further provided that the tenure in a soft area posting would be of a period of three years whereas posting in a hard area would be for two years, which may be extended in exceptional cases.
6. In the present case, undoubtedly, the petitioner has enjoyed the soft posting at Pinjore, Haryana for a period of three years and therefore, in terms of the policy, has to be posted to a hard area thereafter. In fact, the petitioner has got an additional period of one year of soft posting in Delhi, from 2020 to 2021.
7. Moreover, the order/signal dated 1st August, 2020 posting the petitioner to Delhi for one year,
Transfer of employees is a condition of service under established policies; courts limit interference to cases of mala fides or statutory violations.
The court's decision was based on the interpretation of the old and new transfer policies and their applicability to the petitioners.
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 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....
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
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....
Transfer is an incident of service and an employee has no vested right to a particular posting. While premature transfers against an established tenure should ideally be justified by administrative r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
