ORDER

Delivered by Hon’ble Devendra Chaudhry, Member (A) The instant Original Application has been preferred against transfer order dated 25.06.2021 only to the extent it concerns the applicant whereby he has been transferred from Allahabad to Hyderabad.

2. Per applicant, brief facts are that he is an employee of the Enforcement Directorate and joined as Assistant Enforcement Officer (AEO) at the Bangalore office on 31st January 2013.

That due to sickness of his wife a request transfer to Allahabad was sought and he was accordingly transferred to Allahabad vide order dated 23.09.2014. That his wife subsequently expired in 2015 leaving two minor children behind under his care. That presently one of the children, viz his son is studying in class 10 as regular student at a school in Fatehpur in the present ongoing session of 2021-22. That, as per para 4.10 of the transfer policy dated 02.04.2019 (in short ‘transfer policy’) the authorities concerned are required to consider the factum of studying of children in class 10/12 before transferring an employee eve if transfer is due. That his representation of 26th March 2021 / 25 th June 2021 for cancellation of this transfer is pending with the respondents and no decision has been taken;

hence the O.A.

3. Per Contra the ld. respondent counsel has denied any violation of transfer policy guidelines and argued strenuously at admission stage, on advance notice that, any transfer guideline is at best just a guideline and not a statutory Act/Rule which needs to be followed to the letter. That administrative requirements necessitate transfer for effective government functioning. In any case, the applicant has already enjoyed more than five years at the present station of Allahabad and is therefore liable for transfer as per transfer policy. That the respondents had accommodated the applicant when he had requested for posting at Allahabad on account of the illness of his wife and it has now been more than six years that his wife has expired and while there is full sympathy with the loss of his wife, it cannot be a justification for him to continue to stay in Allahabad indefinitely. The issue of children education is unending and today it is for class 10 and the next year it will be for continuing class and so on, which cannot, therefore be a plea for continued indefinite stay. That other reasons for transfer such as old parents etc., do not hold water as transfer is an incidence of service and cannot be resisted merely on the basis of family issues outside the guidelines. That therefore the O.A. is worthy of dismissal at the admission stage itself. 4. We have perused the O.A. and heard patiently to the submissions by the ld. respondent counsel as well as the applicant counsel. With the consent of both the parties the matter is being decided finally at the admission stage itself.

5. The key issue which falls for consideration is the justification of the transfer of the applicant qua the guidelines and the assertions made by the applicant.

6. For this it will be worthwhile to quote the relevant portions of the transfer policy dated 02/04/2019 (Annexure A-5) which are accordingly extracted below:

“…..REGION AND TENURES:- Following policy of tenure shall be applicable to the category of employees mentioned in Para 2.2 above.

3 Years minimum continuous tenure in the same station.

5 Years maximum continuous tenure in the same station in respect of sub-zonal/zonal offices.

7 Years maximum continuous tenure in the same station where both Regional and Zonal office are functional with combined service in both the offices. …..

4.4… 4.10 Officers whose children are studying in class 10 th or 12 th should not be disturbed on their written request even if they become eligible for transfer in the concerned year, they may be considered for transfer subsequently; ”

7. As may be seen vide para 4.1/4.2, the