Point of Law: Transfer of members of the Force may be ordered from one place to any other place in India in the exigencies of service or for administrative reasons or to avoid local entanglements of such members or for any such other consideration

JUDGMENT :

SANJEEV KUMAR, J.

1. The petitioner is an Assistant Sub Inspector in the Railway Protection Special Force (RPSF) and is aggrieved of order dated 08.06.2019 issued by the Railway Board vide its No. 2019/PCSC/RPSF/Conf. (IVG), whereby the petitioner has been transferred from 15th Bn stationed at Udhampur to 5th Bn located in Trichy, Tamil Nadu and seeks a direction to the respondents to allow him to perform his duties in the 15th Bn.

2. The short grievance of the petitioner, as projected in this petition, is that in terms of Clause 2(viii) of the Directive No. 32 (Revised) dated 28.12.2017, inter-Battalion transfer is permissible only after completion of tenure of ten years in a particular Battalion. It is the case of the petitioner that he came to be transferred and posted in 15th Bn on 26.04.2017 after he had rendered 15 years service in the 6th Battalion and, therefore, his transfer from 15th Bn to 5th Bn located in Trichy Tamil Nadu within a span of two years is violative of the statutory guidelines issued by the respondents.

3. The respondents have filed their objections and have assailed the maintainability of the petition on the ground that, as held by Hon’ble the Supreme Court in the case of Union of India and Others vs. S.L. Abbas, (1993) 4 SCC 357, the transfer is an exigency of service and not a condition of service. Therefore, an employee is obliged to serve anywhere in the cadre wherever he is required in the interest of administration. It is submitted that the petitioner, after completion of initial training was appointed as Constable on 31.03.1995 and was posted in 7th Bn at Secunderabad (A.P.) now Telgangana. It is stated that the petitioner while his posting in 7th Bn was attached in the 6th Bn situated at Dayabasti in New Delhi for a period of six months and thereafter he was granted extensions from time to time. He remained performing his duties at Delhi upto 04.09.2001. Thereafter the petitioner was transferred from 7h Bn and was posted in 6th Bn of RPSF New Delhi vide Railway Board order dated 31.08.2001. It is where the petitioner came to be promoted to the rank of Head Constable on 31.12.2004 and Assistant Sub Inspector on 01.04.2017. On promotion, the petitioner vide Railway Board order dated 19.04.2017 was transferred to 15th Bn at Udhampur on administrative grounds. It is the further case of the respondents that as per the guidelines issued by respondent No. 2 vide Directive No. 32 (Revised) dated 28.01.2017, a member of the Force has been allowed posting for a maximum period of ten years at a stretch and 15 years broken spells subject to availability of vacancy.

4. While reviewing the transfer cases, it came to light that the petitioner had completed more than 21 years at Delhi including his attachment period while he was posted in 7th Bn situated at Secunderabad and accordingly, the petitioner was transferred from Northern region to Southern region i.e. to 5th Bn located at Trichy, Tamil Nadu vide order impugned and the transfer was in the interest of administration.

5. Heard learned counsel for the parties and perused the record.

6. The recruitment and service conditions of the petitioner are governed by the Railway Protection Force Act, 1957 [“the Act”] and the Rules framed thereunder. The Director General, RPF in the exercise of powers conferred by Rule 28 of the RPF Rules, 1987 read with section 8 of the Railway Protection Force Act, 1957 and in super-session of all earlier instructions, has issued guidelines in the form of Directive No. 32 (Revised) to regulate the transfer of members of the Force. As per clause 2(viii) of the guidelines, all enrolled male members of the Railway Protection Special Force are transferable from one Battalion to another after completion of ten years. It is this stipulation in the guidelines, the petitioner is strongly banking upon. It is submitted that the petitioner has yet not completed the tenure in the 15th Bn stationed at Udhampur and therefore, cannot be tr