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2016 DIGILAW 3126 (DEL)

Rohit Singh v. Union of India

2016-08-12

INDIRA BANERJEE, V.KAMESWAR RAO

body2016
ORDER : 1. The challenge in the writ petition is to the order dated 11.07.2016 whereby the petitioners have been posted at 130 and 132 Battalions. The only submission made by the learned counsel for the petitioners is that the petitioners having been posted at 210 COBRA Battalion, on de-induction needs to have been posted at Soft Field/Static Offices/Peace Stations. He would rely upon the Standing Order No. 7/2015. He has drawn our attention to sub-clause (viii) of Para 9 in support of his contention. We reproduce the same as under:- "On De-induction the COBRA personnel shall be allotted to their Choice Zones and Zones will further post them at Soft Field/Static Offices/Peace Stations as per their eligibility and administrative/Ops feasibility/availability of vacancies." 2. Learned counsel for the petitioners by conceding that the clauses in the Standing Order being in the nature of guidelines required to be followed. 3. We have seen the clause (viii) which has been reproduced above. A perusal of the same would reveal that on de-induction the COBRA personnel shall be allotted to their Choice Zones and posted at Soft Field/Static Offices/Peace Stations as per his eligibility and administrative/Operational feasibility/availability of vacancies. Suffice to state that the said stipulation of the Standing Order confers discretion on the competent authority to post COBRA personnel in Soft Field/Static Offices/Peace Stations as per the eligibility and administrative/operational feasibility. The presence of the words "administrative/ operational feasibility" does not confer a right on the petitioners to seek a posting at Soft Field/Static Offices/Peace Stations, rather gives discretion to the competent authority, if the administrative/operational feasibility requires, they should be posted in hard areas, the personnel can be posted at such places. The aspect of administrative/operational feasibility has to be determined by the competent authority and this court cannot substitute the view of the competent authority with its own view. 4. That apart as conceded by the learned counsel for the petitioners, the Standing Order is in the nature of guidelines, which means the same are directory and not mandatory. That apart there are no allegations of mala-fides alleged in the present petition. There is no dispute, the petitioners hold position with All India Transfer liability. The respondents are within their right to post a personnel in administrative exigency at a place where his/her services are required. The writ petition has no merit and the same is dismissed. That apart there are no allegations of mala-fides alleged in the present petition. There is no dispute, the petitioners hold position with All India Transfer liability. The respondents are within their right to post a personnel in administrative exigency at a place where his/her services are required. The writ petition has no merit and the same is dismissed. CM No. 29272/2016 (stay) The application is dismissed as become infructuous. Writ petition dismissed.