IMPORTANT POINT
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 posting decisions.

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 at the Composite Hospital, Imphal gave the advice that the petitioner is medically unfit to do hard labour work because of his heart problem.

3. It has been submitted by the learned counsel that under Standing Order No. 04/2008 dated 15.12.2008, instructions for medical examination and classification of personnel in Central Para-military Forces are laid down. In Para 22.4 of the said Standing Order No. 04/2008, guidelines for classification of the physical capacity of the personnel in Central Para-military Forces are laid down and that the functional capacity of employability limitation of a personnel categorised as P-3 has been described as having major disablement with limited physical capacity and stamina and that the personnel is fit for sedentary duties not involving undue stress and may have restricted employability as advice by medical authorities such as :-

(a) to avoid places with high humidity level 75 % round the year,

(b) have access to specialist services nearby,

(c) to avoid driving/handling of weapons near water, fire or heavy machinery,

(d) restricting physical excess, work in desert/snow bound areas, etc.,

(e) restricting active participation in hostilities, counter insurgency operations etc.

4. The learned counsel for the petitioner further submitted that as the petitioner has been categorised as P-3 (T-24), the authorities have to take into consideration and follow the guidelines laid down in Para 22.4 of the aforesaid Standing Order No. 04/2008 and the guidelines for transfer and posting laid down in Para 04 (xvi) (b) (iv) of the Standing Order No. 07/2015 dated 04.08.2015 while effecting the transfer and posting of the present petitioner. The learned counsel also submitted that as the transfer and posting of the petitioner to 26 Bn. was made without taking into consideration the delicate physical health condition of the petitioner and in violation of the restrictions as laid down in Para 22.4 of the Standing Order No. 04/2008 and the policy under Para 04 (xvi) (b) (iv) of the Standing Order No. 09/2015, the impugned orders are liable to be quashed and set aside.

5. It may be noted here that in the Standing Order No. 07/2015 dated 04.08.2015, it is provided under Para 04 (vii) that normal tenure in field station is of 4 (four) years and for hard/field areas/SOZ, static and peace station is 3 (three) years and under Para 04 (xvi) (b) (iv), it is provided that the eligibility condition as laid down may be relaxed by 1 (one) year in very deserving cases by Sector IGP in the circumstances, inter-alia, transfer on medical grounds may be considered on merit in cases one's spouse or child is suffering from any of the diseases including Coronary Artery disease, Thalassaemia, etc.

6. Mr. M. Devananda submitted that the petitioner submitted a represe