IMPORTANT POINT
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.

JUDGMENT

[1] Heard Mr. M. Devananda, learned counsel appearing for the petitioners and Mr. S. Suresh, learned ASG appearing for the respondents.

[2] The petitioners in the present two writ petitions are personnels of the C.R.P.F and they have filed the present two writ petitions assailing the order dated 31.01.2019, signals dated 13.02.2019, 28.02.2019 and 11.03.2019 effecting their transfer and posting from Group Centre (G.C), CRPF Langjing, Imphal, Manipur (hereinafter referred to as G.C., Imphal for short) to 132 Bn. and 35Bn. respectively, which are located at Jammu & Kashmir.

As the question of facts and law involved in the present two writ petitions are similar, the same are being disposed of by this common judgment and order.

[3] Mr. M. Devananda, learned counsel for the petitioners raised the following three grounds in assailing the impugned orders and signals:-

(i) the impugned transfer order have been issued in violation of the transfer policy as contained in Para 4(ix) of the standing order No. 07/2015 dated 04.08.2015, inasmuch as, the petitioners have been subjected to zonal transfer, i.e., from North East Zone (NEZ) to Central Zone (CZ), before completion of the period of their posting tenure of 10 years in Manipur and Nagaland Sector ( M&N Sector ) and 14 years tenure in NE Zone;

(ii) the impugned transfer orders have been issued in violation of the transfer policy as contained in Para 4(viii) of the standing order No. 07/2015 dated 04.08.2015, inasmuch as, the petitioners have been subjected to transfer before completion of the period of their posting tenure of three years at Group Centre, Imphal ; and

(iii) the petitioners have been subjected to transfer at the verge of their retirement arbitrarily and discriminatorily without considering their request for choice posting as provided under Para 5(ix) of the standing order No. 07/2015 dated 04.08.2015.

[4] On the objection raised by Mr. S. Suresh that the secondground was never raised by the petitioners in their writ petitions, Mr. M. Devananda fairly conceded and submitted that he will not press the second ground.

[5] In connection with the first ground, it has been submitted by Mr. M. Devananda that the petitioners have rendered more than 35 years service in the CRPF and out of the said 35 years, the petitioner in WP(C) No. 706/2019 had served for more than 28 years outside his home place Manipur and in most of the said 28 years, he was posted at very hard areas like Jammu & Kashmir and the petitioner had been allowed only about 6 years posting in his Home place Manipur in his whole service career. In respect of the petitioner in WP(C) No. 707/2019, out of 35 years service in CRPF, the petitioner had been posted for more than 27 years outside Manipur and most of the time he was posted in very hard areas like Punjab and Jammu & Kashmir and he had been posted only about 8 years in his home place in his whole service career.

[6] The petitioners have given specific details about their transfer and posting during their whole service career at Para No. 3 to 6 of their writ petitions and the averments made therein are not denied by the respondents in their counter affidavits. In fact, the respondents have also given specific details about the transfer and posting of the petitioners during their whole service career at Para 2.2 of their counter affidavits which are as under:-

(i) Petitioner in WP(C) No. 706 of 2019