Sunil Kumar Lohia v. Union of India

1. The present petitions have been filed by three petitioners assailing their posting order dated 06.01.2016, wherein they have •V been posted to 111 Battalion at Chhattisgarh on the ground that they and their spouses, who are employed in C.R.P.F.,are entitled to the benefit of the Standing Order No.2/2011, dated 12.05.2011 (Annexure P-4)- and"the Standing Order No.2/2014, dated 06.02.2014(Annexure P-5), which permittheir posting at the same place.

2. At the outset, learned counsel for the respondent-Union of India,statesthat vide Office Orderdated 06.01.2016,issued bythe D.I.G., C.R.P.F., all promotion and transfer orders issued earlier stand superseded except for Standing Order No.7/2015 and resuitantiy, the'Standirlg Order No.2/2011 and Standing Order No.2/2014 relied upon by the' petitioners cannot be of any assistance. She states that in terms of paragraph No.S (xiv) of Stahdihg Order No.7/2015 dated 04.08.2015, husband and wife W.Ps.(C)372,374&376of2016- ^ of[4] posted/employed in CRP.F will be posted atthe same place/distance covered by overnight train journey as far as possibie for alternative tenures and in the light ofthe said guidelines,the petitioners cannot claim posting with their spouses at the same piace for consecutive tenures. She also relies on para 12(k)ofthe same Standing Order that deals with transfer of Mahila personnel and states that in case of husband and wife,they will be considered for posting to the same place or area for one tenure and thereafter, the husband will be ^ posted to field unit as per eligibility and wife will continue in or posted to Mahila or RAF-^attalidn,asthe case may be.Copies ofthe said documents are handed over by learned counsel and placed on record.

3. Learned counsel for the respondent-UOI states that all the three petitioners herein were posted at 88 Mahila Battalion for a period of three years and eight months in W.P.(C) 372/2016 and five years each in W.P.(C) 374/2016 & 376/2016 and now, they ^ cannot resist their posting order to a hard area as other similarly placed personnel are waiting in the queue for being posted to the Mahila Battalion. She clarifies that the spouses of the petitioners, who are also working as Constabies in CRPF, have not been posted out ofthe Mahila Battalion and they would be available to attend to W.Ps.(C)372,374&376of2016 3of[4] their children and families.

4. in view of the aifbresaid'submission and on examining the relevant clauses of the Standing Order No.7/2015, we are not Inclined to interfere with the posting ordersIssued In respectofthe petitioners.

5. At this stage, learned counsel for the petitioners states that the petitioners may be permitted to submit a representation to the respondentsfor postingthem and theirspousesatthesamestation ^ In termsofOffice Memorandum dated 30.09.2009.

6. If any such representation Is made by the petitioners within one week from today, the same shall be considered by the respondents and a speaking order shall be passed under written Intimation to them within two weeksfrom the date ofthe receiptof the said representations, in terms of paragraph No.5 of the Office Memorandum dated 30.09:2009, issued by the Department of Personnel and Training(Annexure P-3).

7. The petitions are disposed of alongwith the pending applications. hima kohli,j JANUARY 20,2016 s W.Ps.(C)372,374&376 of2016 SUNIL GAUR,J Page 4 of[4]