JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 27.04.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 1857 of 2020, whereby and whereunder, the claim of the writ petitioner for holding him entitle for the transfer travelling allowance amounting to Rs.2,70,087/-with interest @ 14 per cent per annum which has been denied by the respondents, has been refused to be interfered with by not passing any positive direction in favour of the writ petitioner.

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder.

3. It is the case of the writ petitioner that he was serving in the Border Security Force since more than 26 years. He was posted as Commandant, IRB 05 Gumla Camp at Dhurwa. During his entire career, he has worked as BSF Officer, he has performed his duties sincerely.

4. The writ petitioner, while holding the post of Commandant in the Border Security Force in the 15 Battalion, having its Unit at Mathpur in the State of West Bengal, has made request vide its request letter dated 22.01.2018 for his transfer to the place which is nearby to his native place, i.e. the district of Hazaribagh, Jharkhand

5. The writ petitioner was transferred vide order dated 26.03.2018 (Annexure-2) and was posted to 192 Battalion having its Unit at R.S. Pura, Jammu. Subsequent thereto, the writ petitioner was transferred from 192 Battalion to 42 Battalion, Unit of which was during the relevant time, in the Coochbehar, West Bengal.

6. The writ petitioner has again been transferred vide Annexure-9 dated 10.01.2019 from 42 Battalion (Mahatpur, West Bengal), again to 192 Battalion (R.S. Pura, Jammu).

7. The grievance of the writ petitioner that although, the request was made for his transfer vide application dated 22.01.2018 for his posting nearby to his native place which is in the district of Hazaribagh but without taking any decision, in that regard, he has, on first occasion, was posted from 15 Battalion, the place from which the request was made for his transfer vide application dated 22.01.2018. But, he was transferred to 192 Battalion then again from 192 Battalion to 42 Battalion on public interest and thereafter, from 42 Battalion to 192 Battalion.

8. The further grievance of the writ petitioner is that he became entitle for the transfer travelling allowance for his transfer on two occasions, i.e. the first transfer as has been ordered vide Annexure2 dated 26.03.2018 from 15 Battalion to 192 Battalion, since, the same cannot be construed to be transfer on request.

9. He has also entitled for the transfer travelling allowance for the transfer as has been effected vide Annexure-9 dated 10.01.2019 from 42 Battalion to 192 Battalion, which has been considered to be transfer on request and that is the reason, the authorities have considered both the transfer, on request and as such, by applying the provision that the transfer since was on the request made by the writ petitioner vide application dated 22.01.2018, the same will be construed to be exceeded to by posting on first occasion from 15 Battalion, Mahatpur (W.B.) to 192 Battalion, R.S. Pura, Jammu (J&K) and on third occasion from 42 Battalion to 192 Battalion.

10. The writ petitioner, being aggrieved with the aforesaid decision by denial of the benefit of transfer travelling allowance, has approached to this Court by filing the writ petition being W.P. (S) No. 1857 of 2020.

11. The respondent has filed counter affidavit, wherein, the ground inter-alia was taken that the case of the writ petitioner based upon his request vide application dated 22.01.2018 had been considered but since, he was not found to be eligible to be posted in the nearby area falling under the District of Hazaribagh where the training centre is situated in the Meru area of the district of Hazaribagh, he has not been given posting nearby to h