Transfer guidelines do not confer legally enforceable rights and cannot override the statutory provision of Section 15 of the Central Industrial Security Force Act, 1968.

JUDGMENT :

BISWAJIT MOHANTY, J.

This the second journey of the petitioner to this Court challenging the orders of his transfer and posting as well as the order dated 6.6.2017 under Annexure-9 rejecting his prayer for cancellation of transfer.

2. The short facts of the case are as follows:

The petitioner is working as S.I.(Min) in the Central Industrial Security Force. During 2015, pursuant to order of transfer under Annexure-1, he joined at Paradip Port Trust Unit, Paradip on 1.4.2015. While working at Paradip, vide order dated 28.1.2017 under Annexure-2, the petitioner along with others has been posted to various sectors. To be precise as per Annexure-2, the petitioner has been allotted to South Sector. The office order under Annexure-2 makes it clear that if any individual wanted to submit representation, he should submit it before the office of opp. party No. 2 by 7.2.2017 for onward transmission. On 10.2.2017, the petitioner submitted his representation to opp. party No.1 under Annexure-3 indicating therein that during last 4-5 years, he has been transferred frequently for which he has suffered financially and such frequent transfers have hampered the study of his son badly. He has also pointed out in his representation that his son was studying in Class-VIII at Kendriya Vidyalaya, Paradip and the transfer at that stage would affect the study of his son. In such background, he prayed that his posting order may be cancelled. Though vide Annexure-C/10 the opp. party No. 2 transmitted such request for cancellation of transfer and posting to Asst. Inspector General/Establishment, CISF HQ, New Delhi; however vide office order dated 14.3.2017 under Annexure-4, the opp. party No.2 intimated that the petitioner would be relieved on 31.3.2017 to join at Ramagundam Unit. Further on 15.3.2017 vide Annexure-C/11, it was made clear that request of the petitioner for cancellation of posting has been considered and regretted. Vide Annexure-5 dated 16.3.2017, such refusal of request for cancellation of posting was intimated to the petitioner. The petitioner filed W.P. (C) No. 4926 of 2016 challenging the order of transfer and vide order dated 13.4.2017, this Court quashed the order dated 16.3.2017 as the same was a non-speaking order and remitted the matter back to opp. party No.2 to reconsider the case of the petitioner by passing a speaking and reasoned order. In such background, on 5.5.2017, the petitioner submitted another representation under Annexure-8 to opp. party No.1 indicating therein that during last 5 years, he has been transferred thrice and as per the transfer policy, he was not due for “Out of Home Zone” transfer. He also raised the issue relating to study of his son being hampered badly and accordingly prayed that he may be permitted to continue at Paradip. However, vide impugned order under Annexure-9, the opp. party No.1 rejected his prayer for cancellation of posting and transfer to South Sector. While rejecting the same, the opp. party No. 1 made it clear that the petitioner has completed only 10 years 10 months and 26 days in “Out of Home Zone” against the stipulated period of 13 years and accordingly he has been posted beyond “Home Zone”. Secondly, he indicated in Annexure-9 that as per Section 15 of Central Industrial Security Force Act, 1968, for short “the Act”, every member of force can be employed at any place within and outside India. Lastly, he pointed out that as per existing transfer guidelines, an NGO can be permitted with an extension in his/her present unit for one year if his/her ward is studying in 10th or 12th class in current academic year and since the son of the petitioner was in Class-VIII at the time of issuance of Inter Zonal Transfer-2017, thus he cannot get the benefit of above guidelines. Challenging the transfer order, posting order and the order of rejection under Annexure-9, the petitioner has filed the present writ application on 12.6.2017. On being noticed, the opp. parties have filed counte