Ajay Kumar v. Union of India and Ors

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.

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 The instruction which was cited by the petitioner had been superseded as per the submissions advanced by Mr.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’ & ‘C’/SDG/PDG/VIP Security Bns (a) 04 yrs for Goup ‘B’ & ‘C’ GD/Signal personnel (b) 03 Yrs for all except above ii) SOZ Bns/CoBRA Bns/RAF Bns/Signal Bns/other Estt/Instns. 03 yrs iii) Mahila Group – ‘B’ & ‘C’ (GD/Tech/Tradesman) personnel: (a) Mahila Bns/RAF Bns/other Bns (b) Other Estt/Instns. 04 yrs 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 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:

8. Thus, Clause 6(a) even while permitting officers to give preferences / choices of places of postings, clearly states that there was no guarantee of posting at a place of choice and that hardship score would be based on the location of the unit or establishment at a particular place. The hardship score was itself variable.