ORDER ON BOARD

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ, order or direction, directing the Respondents to decide the petitioner’s representation dated 19.03.2026 in accordance with the ITBP Transfer Policy under Standing Order No. 03/2023 preferably within a period of four weeks from the date of this Hon’ble Court’s order.

10.2 This Hon’ble Court may kindly be pleased to issue a Writ of Mandamus directing the Respondents to transfer the petitioner to a Soft Area posting, in accordance with his entitlement arising out of over 21 years of service in EHA/HA, and to give due weightage to the petitioner's choice postings as submitted in the representation dated 19.03.2026.

10.3 This Hon’ble Court may kindly be pleased to issue a direction that while deciding the petitioner's representation, the Respondents shall consider the petitioner's financial hardship and compassionate grounds as stated in the representation, in accordance with applicable policy provisions.

10.4 That this Hon’ble court may kindly be pleased to grant any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may be also kindly be granted.”

2. Learned counsel for the petitioner submits that petitioner is holding the post of Inspector (G.D.) in the Indo Tibetian Border Police Force (ITBP) and is serving since last about 38 years. It is the contention fo the counsel for the petitioner that by the transfer order dated 18.03.2026 (Annexure P/1), petitioner is transferred from 38th Batallion (HA) to 59th Batallion (EHA). Transfer of the petitioner is in contravention of the Standing Order No. 3/2023 which deals with the general guidelines for transfer/posting of NGOs. Referring to Clause 4 (9), he submits that the said clause provides for submitting five choices by the force personnel posted in Extreme Hard Area (EHA)/Hard Area (HA). Petitioner is continuously being posted in hard area and therefore, petitioner submitted five choices before the concerned authority before issuance of the order of transfer (Annexure P/2), However, the choices submitted by the petitioner has not been considered by the authorities and thereafter, petitioner had submitted a representation before the Commandant, 38th Batallion, Kharora Camp, Raipur through proper channel to the Respondent No. 2 and therefore, at this stage, prayer of the petitioner is issuance of a direction to the Respondent No. 2 to take decision on the representation submitted by the petitioner at the earliest.

3. On the other hand, learned counsel for the Respondents would submit that as the petitioner is not pressing this writ petition on merits and is only seeking a direction to the Respondent No. 2 to consider and take decision on the representation submitted by the petitioner and forwarded by the Commandant, 38th Batallion, Kharora Camp at Raipur, there is no objection to the limited prayer.

4. I have heard learned counsel for the parties and perused the documents placed on record.

5. According to the petitioner, petitioner is posted since last more than 05 years in hard area. According to Clause 4 of the Standing Order No. 3/2023, tenure of force personnel is fixed for extreme hard area or hard area and soft area. Clause 4 (3) provides that after 5 – 6 years of the tenure of posting in extreme hard area and hard area, the force personnel can be considered for his posting to soft area. Petitioner has already submitted option of places for his posting and also representation on 19.03.2026.

6. In the aforementioned facts of the case, I find it appropriate to dispose of this writ petition directing the Respondent No. 2 to consider and take decision on the representation submitted by the petitioner in accordance with law, expeditiously, preferably within a period of 04 weeks from the date of receipt of the order keeping in mind the Standing Order N