V Sundar Raj vs Union of India

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
V Sundar Raj - Appellant
Versus
Union of India - Respondent
W.P.(C) 211 of 2023
Decided On : 09-01-2023

Important Points

Entitlement to terminal posting requested under BSF rules must be resolved expeditiously by the authorities, reinforcing the principle of timely administrative response.

Subject

Administrative Law - Employment and Service Matters

Headnote

(A) BSF (Tenure of Posting and Deputation) Rules, 2000 - Rule 10 - Terminal posting - Petition seeking directions for relief regarding transfer to a location near the petitioner's hometown - The petitioner had made a representation for such relief before the Director General of Border Security Force. (Paras 1-2)

(B) Administrative Law - The court directed that the respondents must decide the representation within three weeks and communicate the decision to the petitioner within one week. (Paras 3-4)

Facts of the case:
The petitioner sought benefits of terminal posting upon making a representation for transfer according to the stipulated rules.

Findings of Court:
The court disposed of the petition after issuing directions for the timely decision on the representation.

Issues: The main issue entailed the petitioner’s right to his requested terminal posting.

Ratio Decidendi: The court held that the respondents are mandated to make a timely decision on the transfer request, reflecting an obligation under administrative law to consider and respond to representations.

Result: Petition disposed of.

Table of Content
1. petitioner seeks terminal posting benefits. (Para 1 , 2)
2. directive issued to respondents for timely decision. (Para 3 , 4)
3. petition disposed based on directives. (Para 5)

JUDGMENT (Oral)

1. Present petition has been filed seeking directions to the respondents DG BSF to give the petitioner benefits of terminal posting to a place near his hometown.

2. For the aforesaid relief, petitioner has already made representation dated 26.06.2022 before Director General, Border Security Force for his transfer in terms of the terminal posting rules stipulated under Rule 10 of the BSF (Tenue of Posting and Deputation) Rules, 2000.

3. Accordingly, respondents are directed to decide the same within three weeks from today and the decision taken thereon shall be communicated to the petitioner in writing within one week thereafter.

4. Needless to say that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.

5. In view of aforesaid directions, petition is disposed of.