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2018 DIGILAW 1190 (GAU)

Prabin Bordoloi v. Union of India

2018-08-13

NELSON SAILO

body2018
JUDGMENT : NELSON SAILO, J. 1. Heard Mr. B. Ramchiary, the learned counsel for the petitioner and Ms. B. Sarma, the learned Asstt. SGI for all the respondents. 2. Although the Union of India has filed an Interlocutory Application for vacating the interim order passed by this Court on 19.04.2017, considering the developments in the case, the writ petition itself is taken up for disposal with the consent of the parties. 3. The petitioner has been prompted to file this writ petition on account of his transfer from Group Centre, Khatkhati which falls under the North East Centre/ North East Zone to the Central Sector vide communication dated 14.03.2017 (Annexure-D). The petitioner contends that against the order of his posting, he submitted a representation before the authority concerned on 15.03.2017 for posting him to Group Centre Lucknow or Group Centre Rampur instead. However, his request was rejected and he was posted to 225 Battalion of CRPF which in fact falls under the North East Zone. 4. Appearing for the petitioner Mr. B. Ramchiary, the learned counsel for the petitioner submits that the petitioner joined his post at Khatkhati only on 25.04.2016 and even before he completed the tenure of 2 years of posting at the location, he was transferred to the 225 Battalion vide the communication dated 14.03.2017. Thus, this Court while issuing notice of motion on 19.04.2017 passed an interim order directing the respondents not to interfere with the order of transfer dated 14.03.2017 in so far as the writ petition is concerned. 5. Ms. B. Sarma, the learned Asstt. SGI, on the other hand, submits that the petitioner prior to his posting at Khatkhati was posted at Dimapur from 15.06.2014 to 22.04.2016. It was only thereafter that he was posted at Khatkhati with effect from 23.04.2016. In this connection, she submits that Dimapur and Khatkhati are located adjacently and therefore, considering the tenure served by the petitioner at Dimapur and Khatkhati, he has completed more than 2 (two) years of posting and so, the petitioner was found due for transfer. She further submits that as per the representation made by the petitioner, he has no objection if he is transferred to Group Centre Lucknow or Rampur. However, since there was no vacancy and because of administrative constraints, the petitioner was posted to 225 Battalion which is located at Aizwal. She further submits that as per the representation made by the petitioner, he has no objection if he is transferred to Group Centre Lucknow or Rampur. However, since there was no vacancy and because of administrative constraints, the petitioner was posted to 225 Battalion which is located at Aizwal. She further submits that 225 Battelion although located at Aizawl, the said Battalion falls under the Central Sector/ Central Zone i.e. Group Centre Rampur. The petitioner having completed more than 18 years of service under the North-East Zone, he is more than due for posting at different Zone as per the policy guidelines. The said transfer policy has been issued vide Standing Order No.03/2016 dated 29.12.2016. Ms. B. Sarma also submits that in view of the interim order passed by this Court on 19.04.2017 the petitioner remained posted at Khatkhati since 23.04.2016 and therefore, he having completed more than 2 years of tenure, he is due for posting to a different Zone. 6. To this submission Mr. B. Ramchiary, the learned counsel for the petitioner submits that the petitioner is in fact nearing superannuation. He is due for retirement in the month of February, 2020. He submits that as per the standing guidelines issued by the respondent authorities vide Standing Order 3 of 2016, the petitioner is entitled to be considered for terminal posting or transfer. 7. Considering the submissions made by the learned counsel for the parties, the relevant Transfer Guidelines as well as the materials available on record it is noticed that the petitioner has continued to remain posted at Khatkhati for more than 2 (two) years now. Therefore, instead of keeping the case pending any longer, I am of the considered view that the respondent authority should consider the claim of the petitioner and pass appropriate orders. In view thereof, the writ petition is disposed with a direction to the respondents, more specifically the respondent No.3 to consider the petitioner for being posted near his home town as provided under the guidelines referred to above. To enable the respondents to consider the case of the petitioner, the petitioner shall file a representation before the respondent No.3 within a period of 15 (fifteen) days from today and the respondent authority concerned shall take a decision on the representation submitted by the petitioner within 4 (four) weeks from the date of receipt of the same. To enable the respondents to consider the case of the petitioner, the petitioner shall file a representation before the respondent No.3 within a period of 15 (fifteen) days from today and the respondent authority concerned shall take a decision on the representation submitted by the petitioner within 4 (four) weeks from the date of receipt of the same. In the result, the interim order dated 19.04.2017 is made absolute. It is further provided that until the representation of the petitioner is disposed of as directed, the respondents shall maintain status quo as on today on the posting of the petitioner. 8. With the above observations and directions, this writ petition stands allowed. No cost.