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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19132/2025 and CM APPL. 81175/2025

MONU SHARMA AND ORS .....Petitioners

Through: Mr. Ankur Chhibber, Mr.

Nikunj Arora and Mr. Prahil Sharma,

Advocates

versus

UNION OF INDIA AND ORS .....Respondents

Through: Mr. Balendu Shekhar, CGSC

Mr. Rajkumar Maurya, Mr. Krishna

Chaitanya and Mr. Divyansh Singh Dev,

Advocates

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

HON’BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT (ORAL)

% 22.12.2025

C. HARI SHANKAR, J.

1. This writ petition assails the following order dated 28 April

2025, issued by the National Disaster Response Force, Signature Not Veri1 f i“eNdDRF”, hereinafter of the Ministry

of Home Affairs:

“ORDER

The 14^th, 15^th & 16^th NDRF Bns are newly raised Battalions

in NDRF and initially, the officer/personnel were inducted in these

battalions in bulk numbers. After completion of deputation tenure

of seven years, all the initially inducted officer/personnel will have

to be repatriated to their parent organization in one go, which will

adversely affect the functionality and operational efficiency of

these battalions.

Digitally Signed By:AJIT

KUMAR W.P.(C) 19132/2025 Page 1 of 11

Signing Date:23.12.20 25

18:29:10

2. In view of above, DG NDRF has approved the following

initial turnaround operation in respect of officer/personnel of 14^th

15^th & 16^th Bns NDRF in phased manner subject to providing of

equal number of officer/personnel in each rank from ITBP and

BSF:

i) 1/3^rd personnel be repatriated after completion of

5th year.

ii) 1/3^rd personnel be repatriated after completion of

6th year.

iii) 1/3^rd personnel be repatriated after completion of

7th year.

iv) The repatriation will be subject to the condition that

not more than 25% of the overall strength of NDRF be

replaced in any particular year. Further, for subsequent

period, a uniform policy of repatriation, as applicable to

other CAPFs Battalions, will be applicable to the NDRF

Battalions.

2. The above repatriation has to be done strictly on the basis

of seniority i.e. first come first out basis. There will be no

choice/option for Unit Commandants to choose among the

personnel for the purpose.

3. It is further clarified that the seniority of initially inducted

officer/personnel has to be counted from the Date of their joining

in NDRF only. As regard, personnel who are inter-Bn

posted/transferred to other NDRF Bns, their seniority should be

counted from the original battalion allotted.

4. Unit Commandants of 14th, 15th & 16th Bns NDRF to

forward nominal roll of their Unit officers / personnel along with

their Date of Joining and proposed date of their repatriation in

accordance to Para-2 above, so as to reach this HQ by 05.05.2025

positively. The information/proposal is required in the following

format: -”

S/N IRLA/ Rank/ Name Date of Proposed Phase Remarks,

Regt. Cadre Joining date of if any

No. in the repatriation

Unit

(G.S. Chauhan)

Dy. Inspector General (Estt)”

Signature Not Verified

Digitally Signed By:AJIT

KUMAR W.P.(C) 19132/2025 Page 2 of 11

Signing Date:23.12.20 25

18:29:10

2. We have heard Mr. Ankur Chhibber, learned counsel for the

petitioner, at some length.

3. The petitioners originally belong to the Indo Tibetan Border

Police, “ITBP”, hereinafter. By orders dated 25 September 2020 and 29 October 2020,

they were sent on deputation to the NDRF for a period of seven years.

The said period would come to an end in 2027. By the impugned order

dated 28 April 2025, the petitioners had been informed that they

would be repatriated to their parent cadre in ITBP and BSF in a

phased manner.

4. The grievance of the petitioner is that the impugned order

illegally curtails their period of deputation. Mr. Chhibber submits that

the impugned order is in the teeth of the applicable policy.

5. Mr. Chhibber has invited our attention to Policy Guidelines

dated 22/24 November 2016, Signature Not Veri3 f i“e2d016 Guidelines”, hereinafter governing deputation of combatized

CAPFs and AR personnel (officers, subordinate officers and other

ranks) in other organiza