Transfers within All India Service are governed by administrative needs, not individual preference, limiting the right to stay in a posting indefinitely.

Tarlok Singh Chauhan, C.J.

1. Heard the parties.

2. The instant writ petition is directed against the order passed by the learned Central Administrative Tribunal Patna ( Circuit Bench at Ranchi) whereby the Original Application filed by the petitioner seeking quashing of his transfer as also questioning the vires of the policy dated 27.01.2025 have been ordered to be dismissed.

3. The petitioner approached the Central Administrative Tribunal for grant of following reliefs:-

(a) To declare the Policy of the Comptroller & Auditor General (CAG) as contained in Circular No. 60-Staff (App)-1/14-2023 dt. 27/01/2025 under the signature of Assistant Comptroller & Auditor General (N-1) concerning repatriation of staff members who are continuing on deputation on spouse ground beyond 7 years, as, ultra vires so far it concerns the deputation of staff on spouse ground, as the same is irrational, not achieving any object as also against the Office Memorandum of the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training dt. 24/11/2022, which is adopted by Respondents and continue to do so, so that the status of women is enhanced in all walks of life including family life. There is no logic to allow the deputation of staff members on spouse ground for only 7 years and not beyond, despite situation remaining unchanged.

(b) For setting aside the Order as contained in Office Order No. Admin (Audit)-VII-1/885685/2025 dated 21/02/2025 passed by the Office of Principal Accountant General (Audit) Jharkhand Ranchi, under the signature of Deputy Accountant general (Admin), whereby and whereunder the petitioner who is currently on deputation on spouse ground is sought to be repatriated in the light of Para 2 of Circular No. 60-Staff (App)-1/14-2023 dt. 27/01/2025.

(c) Further, for a direction to keep the implementation of impugned order as contained in Office Order No. Admin (Audit)-VII- 1/885685/2025 dated 21/02/2025 in abeyance till the pendency of the instant application.

4. It was averred in the Original Application that the petitioner was appointed as ‘Auditor’ in the office of Director General of Audit, Southern Railway, Chennai, Tamil Nadu on 19.10.1995. The petitioner, thereafter was transferred on deputation basis on the “Spouse Ground” since 17/08/2007 as “Senior Auditor” to the Office of the Principal Accountant General (Audit) Jharkhand, Ranchi without deputation allowance, which deputation was extended from time to time on the basis of written request submitted by the petitioner to the competent authority.

5. The petitioner’s wife is an Assistant Teacher posted in the State Government School Mandar, Ranchi from 22.08.1994 till date. The petitioner’s minor daughter is studying in Class-VI at Ranchi.

6. The Cadre Controlling Authority in Indian Audit & Accounts Department i.e. C.A.G. after considering the DOPT OM No. 28034/9/2009 dated 30.09.2009 containing instructions regarding posting of husband and wife at the same station, also adopted the same and issued Circular No. 4/Staffwing/2015 dated 11/02/2015 allowing posting of Staff member on the place of posting of the spouse. It was specifically mentioned therein that the deputation in such cases has been permitted keeping in view the instructions of Govt. of India in the matter of posting of husband and wife at the same station.

7. Similar instructions thereafter issued and reiterated vide Circular No. 1009-Staff (Appl)/08-2016 dt. 06/08/2021. Accordingl