$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5742/2025 & CM APPL. 26179/2025 AJAY KUMAR .....Petitioner Through: Ms. Saahila Lamba, Advocate versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Sahaj Garg, SPC with Mr.

Yash Tyagi(GP)

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL)

% 02.05.2025 C. HARI SHANKAR, J.

1. We have heard Ms. Saahila Lamba, learned counsel for the petitioner and Mr. Sahaj Garg, learned Senior Panel Counsel for the respondents.

2. The petitioner challenges his transfer to Arunachal Pradesh after he had served at Jammu & Kashmir for three years. In the writ petition, the petitioner’s case was that the applicable policy envisages alternating hard postings and soft postings and that once the petitioner had served at hard posting for three years, he was entitled to a soft posting and could not therefore be transferred to Arunachal Pradesh.

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3. The instruction which was cited by the petitioner had been superseded as per the submissions advanced by Mr. Garg, learned counsel for the respondents.

4. Ms. Lamba has today drawn our attention to Standing Order

04/2022 dated 27 September 2022.

5. Ms. Lamba relies on clause 8 of the said Standing Order, which we may reproduce thus :

“8. Normal Tenure (a) The normal tenure will be as under subject to the provisions of para 8(b) of this S.O :

i) Field Bns in Category-‘B’ & ( a) 04 yrs for Goup ‘C’/SDG/PDG/VIP Security Bns ‘B’ & ‘C’ GD/Signal personnel (b) 03 Yrs for all except above ii) SOZ Bns/CoBRA Bns/RAF 03 yrs Bns/Signal Bns/other Estt/Instns.

iii) Mahila Group – ‘B’ & ‘C’

(GD/Tech/Tradesman) personnel :

(a) Mahila Bns/RAF Bns/other 04 yrs Bns (b) Other Estt/Instns. 03 yrs (b) As CRPF is Central Armed Police Force of GoI constituted under Special Act and is tasked with important operational duties regarding maintenance of security of the nation, therefore there are certain operational and administrative requirements of the Force. In view of such requirements, any officer/official/personnel may be posted to any Unit or office at any point of time. The above policy Signature Not VeriWfiePd(C) 5742/2025 Page 2 of 5 Digitally Signed By:AJIT does not create any right for any officer/official/personnel for posting to a particular place or for a particular tenure as mentioned in Para-8 (a).

If during the posting of any officer/official/personnel it comes to the notice of the supervisory/senior authorities that officer/official/ personnel needs to be transferred out at any time from present place due to administrative or operational reasons, then the concerned authority may transfer such officer/official/personnel at any time to a suitable place.”

6. Though Ms. Lamba was emphasizing sub-clause (a)(ii) of Clause 8, it is clear that sub-clause (b) of Clause 8 considerably dilutes the rigour of Clause 8(a) as it vests discretion with the CRPF to determine the posting of officers keeping in mind operational and administrative requirements.

7. Clause 6(a) of the same Standing Order reads thus : “6. The Sumer Chain Transfer will be done through ‘SANTOS’ Software. All those who are eligible for transfer will be identified and their names will be checked and approved by concerned Unit/office. All concerned will be allowed to fill preferences/choices. After this transfer will be issued through Software.

(a) Every officer/official/personnel will be able to give preferences/choices in various eligible Units/Offices. The maximum number of preferences which can be given in various categories will be decided by Dte. Preferences are to be filled up very carefully keeping in view of the vacancies and hardship score. Filling up the preferences is not a guarantee for posting to preferred unit/establishment. Also no officer/official/personnel can lay claim for any particular post or location.”

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8. Thus, Cl