The court emphasized that candidates have a legitimate expectation for postings in accordance with recruitment promises, reinforcing equal treatment and addressing arbitrary administrative actions under statutory provisions.

Order

Reportable 19/11/2025

1. The instant writ petition, instituted under Article 226 of the Constitution of India , has been preferred by the petitioners, assailing the action of the respondents in declining their transfer to the TSP area, notwithstanding the circular dated 10.11.2014 and the office order dated 30.08.2018.

2. Briefly stating the facts of the case are that the petitioners, who are permanent residents of the TSP area, have jointly approached this Court to assail the inaction of the respondents in considering their candidature for transfer to the TSP region, though the grievance arises out of a common cause of action and stems from a common order, thereby warranting a joint writ petition to obviate multiplicity of proceedings.

2.1 An advertisement dated 20.07.2013 was issued for recruitment to 1000 posts of Constable in the Minerals Protection Force, wherein 80 posts were earmarked for the TSP area. The petitioners applied under the TSP category, qualified in the written examination, and were subsequently appointed vide order dated 19.01.2016. However, despite being residents of the Scheduled/TSP area, their appointments were made under the Non-TSP cadre, and since then, they have been serving the department with diligence, their services having been confirmed vide order dated 16.04.2018.

2.2 Prior to their appointment, the State had issued a circular dated 10.11.2014 permitting employees to exercise an option for posting in TSP or Non-TSP regions under the relevant service rules, yet no opportunity was extended to the petitioners to submit such option. Subsequently, pursuant to the Central Government notification dated 19.05.2018 redefining Scheduled/TSP areas, the State issued circulars dated 16.07.2018 and 30.08.2018 directing that employees who are residents of TSP areas but posted in Non-TSP regions may submit applications seeking transfer. Availing this window, the petitioners duly submitted representations within the stipulated timeframe, which were also forwarded by respondent No.3 to the superior authorities, however, no decision has been communicated till date. Being left remediless despite fulfilling the eligibility criteria and having a legitimate expectation arising out of the statutory circulars, the petitioners have been constrained to invoke the extraordinary jurisdiction of this Court.

3. Learned counsel for the petitioners submitted that the action of the respondents in denying the petitioners transfer to TSP areas, despite their being permanent residents of TSP regions, is arbitrary and violative of Article 14 of the Constitution of India . It is further submitted that similarly situated Constables have been granted the benefit of transfer pursuant to the notification dated 19.05.2018, while the petitioners alone are excluded without any reasonable basis. The classification adopted by the respondents neither has an intelligible differentia nor any rational nexus to the object sought to be achieved. Counsel furhter asserted that the petitioners have served for long in Non-TSP areas with utmost dedication and were entitled to consideration under the circulars dated 10.11.2014, 16.07.2018 and communication dated 30.08.2018. It is contended that the deliberate non-consideration of the petitioners claim amounts to discrimination and violation of principles of natural justice.

4. Learned counsel for the respondents filed a reply submitting that the petitioners were validly appointed in Non-TSP areas as per the merit, availability of vacancies, and administrative requirements prevailing at the time of their appointment. It is contended that