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2021 Supreme(J&K) 7

SANJEEV KUMAR
Neeraj Dhar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vinod Kotwal.
For the Respondent: Mr. P.S. Chandel.

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 Supre

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