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2025 Supreme(Ker) 1392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K. SINGH, J.
Renjith T, S/O Shri. Thankappan Pillai - Appellant
Versus
Union Of India - Respondent
WP(C) No. 32924 of 2024
Decided on : 11-04-2025
Advocate Appeared:
For the Appellant : T.SANJAY, SANIL KUMAR G., ARDHRA KRISHNA
For the Respondent: DAYA SINDHU SREEHARI – DSGI (IN CHARGE), SUVIN R MENON
Personnel in Central Armed Forces have no statutory right to remain posted in their home district; transfers are at the discretion of the authorities based on operational needs.
Headnote:
(A) CISF Act, 1968 - Section 15 - Persons with Disabilities Act, 1995 - Applicability of transfer guidelines - The petitioner, a Sub Inspector in CISF, challenged his transfer order to Bengaluru after serving over 7 years in his home district, citing disability considerations and guidelines from the Ministry. The court found that the petitioner has no statutory right to remain posted in his home district and that the transfer was within the authority's discretion. (Paras 7, 8, 10)
(B) Employment Rights - The court ruled that personnel in Central Armed Forces can be posted anywhere as per operational needs, and the petitioner does not have a constitutional claim to remain in a specific location. (Paras 8, 10)
Facts of the case:
The petitioner, after an accident, was assigned light duties and challenged his transfer order after serving in his home zone for over 7 years. He argued that the transfer violated guidelines and his disability status.
Findings of Court:
The court dismissed the writ petition, affirming that the petitioner has no right to remain posted in his home district and that the CISF authorities must consider his disability in assigning duties.
Issues: The main issues were whether the petitioner had a right to remain in his home district and the applicability of transfer guidelines in light of his disability.
Ratio Decidendi: The court held that the petitioner, as a member of the CISF, does not have a statutory right to remain in a specific posting, and the authority has discretion in transfers based on operational needs.
Result: Writ petition dismissed.
JUDGMENT :
The petitioner is employed as Sub Inspector in Central Industrial Security Force. He is presently posted at Thiruvananthapuram International Airport. Initially he was appointed in CISF as Constable (General Duty) on 16.02.2002. In 2009, the petitioner was promoted to the rank of Sub Inspector/Executive through the Limited Departmental Competitive Examination (LDCE) and he underwent basic training at NISA Hyderabad between 15.06.2009 to 26.01.2010. The petitioner is native of Thiruvanathapuram District in the State of Kerala. The petitioner has remained posted in his home zone for more than 13 long years and only 9 years he has served out of his home zone. The petitioner wants to remain posted in his home zone for all time to come.
2. The petitioner’s present posting at Thiruvanathapuram was on 29.04.2018 where he got the posting from Hyderabad Airport. The petitioner met with an accident on 02.10.2020 while going home on motorcycle at wee hours at 13:45 hours. He was given medical rest from 02.10.2020 to 13.03.2022 (528 days). After the medical rest, when the petitioner joined back on 14.03.2022, he was sent to the Standing Medical Board (SMB) for the latest SHAPE categorization at Composite Hospital, CRPF Pallippuram, Trivandrum. The Medical Board placed him in S1H1A1P3(T- 24) E1 medical category and therefore, the petitioner was assigned light duties.
3. The petitioner was thereafter declared as P2(P) w.e.f 01.05.2023 for 2 years by Medical Board of Composite Hospital, CRPF, Pallipuram, Trivandrum and he was advised against PT and Parade, prolong standing restricted, light duties, not fit for insurgency duty, fit for all ambulatory duties along with walkie and he was advised Physiotherapy.
4. As the petitioner had completed 6 years at CISF Unit, Trivandrum Airport after he was transferred there on 29.04.2018, he was transferred to Bengaluru vide the order dated 28.06.2024. The said order has been challenged before this court in the present writ petition ad the petitioner was fortunate enough to get an interim order from this Court and on the strength of the said interim order, the petitioner has continued at his present place of posting for almost one year further and now he has completed more than 7 years after he was transferred from Hyderabad to this place vide the order dated 29.04.2018.
5. It is relevant to note here that the petitioner submitted an application 03.07.2024 against his transfer order dated 28.06.2024 with the request to cancel his posting at Bengaluru. However, the said request was regretted.
6. Now in exercise of annual transfer, the petitioner has been transferred vide Exhibit P-15 dated 03.01.2025 and he is awaiting posting. The petitioner therefore prays for setting aside the Ext.P15 order on the ground that his transfer is against the guidelines in Ext.P12 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training. The petitioner should be allowed to continue till he retires at his home district at Trivandrum.
7. On the other hand, the learned DSGI (in charge) has submitted that CISF is the Central Armed Force of the Union of India. The force personnel are deployed in the sensitive sector such as Airports, Courts, Atomic Energy, Department of the Space, metro, power, steel etc. The CISF also provides officials and personnels for certain posts as SPG, NSG, CAPF and CPO in view of the border security requirements. As per the provisions contained in Section-15 of CISF Act, 1968 , every member of the Force shall be considered to be always on duty and shall at any time be liable to be employed at any place within or outside India.
8. To maintain and make a system on place so that there is a mix of personnel belonging to Home Sector and Out of Home Sector in a unit, the broad guidelines have been issued by the CISF Head Quarter vide the circular No.22 of 2017 dated 25.09.2017 regarding transfer and tenure posting of CISF personnel with the objective of the
