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M. V. MURALIDARAN
S. Kamginpao Vaiphei – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. Heard Mr. M. Devananda, learned counsel for the petitioner and Mr. BR Sharma, learned Senior Central Government Standing Counsel for the respondents.
2. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
3. The challenge in this writ petition is to the transfer and posting order dated 15.7.2022 in respect of the petitioner, whose name finds place at S.No.8 of the list of incumbents. The petitioner seeks to set aside the same and allow the writ petition with a consequential direction to allow him to complete his sector tenure in Manipur based Units/Bns of the Central Sector as per Para 4(ix) of the Standing Order No.07/2015.
4. The facts in a nutshell are as under:
The petitioner entered as CT/GD in the year 2003, pursuant to the order of appointment dated 28.6.2003. He completed his basic training from the Group Centre Langjing from 28.6.2003 to 28.2.2005, thereafter, he was transferred and posted to 27 Bn at J&K (Srinagar), Manipur (INungba) and Delhi (Bawana Camp CRPF) where he discharged duties from 28.2.2005 to 13.6.2012. Thereafter, he was transferred and posted to 165 Bn located at West Bengal (Tangasole Salua Kharagpur) f
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 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....
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....
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
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....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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 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....
Transfer is an incident of service and an employee has no vested right to a particular posting. While premature transfers against an established tenure should ideally be justified by administrative r....
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