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AHANTHEM BIMOL SINGH
Khaidem Kullabidhu Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The present writ petition had been filed assailing the orders dated 20.09.2021 effecting the transfer and posting of the petitioner from 86 Bn. CRPF at Keithelmanbi, Manipur to 26 Bn. CRPF at Bokaro, Jharkhan and order dated 25.10.2021 rejecting the representation submitted by the petitioner against his transfer and posting, coupled with a prayer for directing the respondents to allow the petitioner to remain at 86 Bn. CRPF.
2. Heard Mr. M. Devananda, learned counsel appearing for the petitioner and Mr. Kh. Samarjit, learned ASG appearing for the respondents.
In assailing the aforesaid orders, Mr. M. Devananda submitted that while the petitioner was serving in the 86 Bn., he was diagnosed as suffering from Cardiovascular disease and on the advice of the Doctors of the Composite Hospital, Imphal, the petitioner was admitted to the Sky Hospital and Research Centre, Imphal for treatment on 30.10.2020 and on 31.10.2020 open heart surgery was conducted and the petitioner is a post Double Valve Replacement (DVR) patient and treatment is going on. Due to his illness and treatment, the petitioner was diagnosed as P-3 (t-24) during annual medical examination, 2021 and the Doctors a
The main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
A government servant holding a transferable post has no vested right to remain posted at one place or other, and transfer orders should be based on administrative exigency and not arbitrarily or for ....
The main legal point established in the judgment is the importance of considering medical grounds for transfer and the need for fair monitoring of inter-zonal transfers as per the CRPF transfer polic....
The main legal point established in the judgment is that transfer orders must be in compliance with the relevant Standing Orders, and in cases of medical grounds, the authorities must consider the pe....
The court balanced the exigency of service with the petitioner's medical needs in determining the transfer order.
Administrative transfers are valid under service rules when justified by allegations of misconduct, notwithstanding medical recommendations for alternative employment due to physical disabilities.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
The transfer policy as contained in standing order No. 07/2015 creates enforceable rights for CRPF personnel, and authorities' actions in effecting transfers must be in accordance with the policy.
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