Din Dayal vs Director General Central Industrial Security Force

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Din Dayal - Appellant
Versus
Director General Central Industrial Security Force - Respondent
W.P.(C) 7048 of 2022
Decided On : 09-05-2022

Important Points

The court affirmed the requirement to adhere to service policy in employee transfers, especially for those nearing retirement, highlighting the obligation to consider employee requests.

Subject

Administrative Law - Employment Law

Headnote

(A) Service Laws - Mandamus - The petitioner sought the issuance of a writ of mandamus to retain him in a home sector as per policy directives for employees nearing retirement - The case involved transfer orders against which the petitioner contested seeking reassignment to NCRC Delhi instead of transfer to Uttarakhand. (Paras 3, 4, 6)

(B) The principle of considering employee requests in light of service policy is upheld. (Paras 4, 6)

Facts of the case:
The petitioner was in his fourth tenure and contended that he was entitled to remain in his home sector as per the governing policy, which was not honored in the transfer order to Uttarakhand.

Findings of Court:
The court directed the respondents to consider the petitioner's request for posting in the home sector within a week, staying the transfer circular pending this consideration.

Issues: The main issue was whether the transfer to Uttarakhand contravened the established policy regarding postings for employees nearing retirement.

Ratio Decidendi: The court emphasized the obligation of the respondents to adhere to their own service policy regarding postings and the importance of considering the specific circumstances of the employee's tenure.

Result: Writ petition disposed of by directing consideration of the petitioner’s request for posting.

Table of Content
1. exemptions permitted subject to exceptions. (Para 1 , 2)
2. petitioner seeks home sector posting. (Para 3 , 4 , 5)
3. respondents must consider petitioner's request. (Para 6 , 7)

JUDGMENT (Oral)

CM APPL. 21619/2022 & CM APPL. 21620/2022 (exemptions)

1. Exemptions allowed, subject to just exceptions.

2. Applications are disposed of accordingly.

W.P.(C) 7048/2022 and CM APPL.21618/2022 (Stay)

3. By this petition, the petitioner seeks as under:

a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of NCRC Delhi or post him to his home sector in terms of the circular dated 25.9.2017 as he is now in the verge of retirement.

b) Quash and set aside the Service orders, qua petitioner, dated 28.3.2022, 1.4.2022 and 7.4.2022 with subject as 2nd Change of Sectors between NS an NCRS-2022 wherein petitioner has been transferred from the present Unit of DMRC Delhi to THDC Tehri, Uttarkhand.

c) Direct the respondents to pay cost of this litigation to the petitioner."

4. It is not in dispute that the petitioner is in 4th tenure and as per the policy of the respondent, in 4th tenure, he should be posted in `Home Sector'.

5. The petitioner made representation for him to be posted in NCRC Delhi. However, he has been posted in Uttarakhand which comes under North Sector.

6. Since the petitioner has made requests for posting in home sector i.e. the Eastern Sector, therefore, we hereby dispose of the present writ petition directing the respondents to consider his request to post him in home sector i.e. Eastern Sector within one week from today.

7. The Circular dated 1st April, 2022 shall remain stayed qua the petitioner till consideration of the said request.