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2020 DIGILAW 508 (GAU)

Sunil Das v. Union Of India

2020-05-20

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. H. Bezbarua, learned counsel for the petitioner. Also heard Ms. S. Barua, learned CGC for the respondent authorities. 2. The petitioner ASI Sunil Das bearing Force No. 913252003 was serving in the "G" Company of 120 Battalion of Central Reserve Police Force. During his tenure of service in the "G" Company of 120 Bn, an order dated 26.12.2019 was passed by the Commandant of 120 Bn that pursuant to the raising of a new battalion requiring providing for strength of one company from the Northern sector to the newly created 245 Bn for its operationalisation, the petitioner ASI Sunil Das was transferred to the newly created 245 Bn with immediate effect as replacement of No.850807476 ASI/GD Bhadreswar Kalita. 3. The said order of transfer is assailed on the ground that as per the standing order No.07- dated August 2015 of the Directorate General, CRPF, in Clause-6 thereof, a personnel who had completed 20 years of service but had not availed home zone or home state/choice post, will be transferred to the home state to the extent possible after ascertaining the three choice given by such personnel by way of inter-sector transfer within Adm Zones. Clause-6 is quoted as under:- wxyz "6. HOME ZONE/HOMESTATE POSTING OF PERSONNEL WHO HAVE COMPLETED 20 YEARS SERVICE BUT HAVE NOT AVAILED IT SO FAR Personnel who have completed 20 years of service but have not availed home zone or home state/choice posting will be transferred to their home States to the extent possible by the SDG/ADG Zones after ascertaining 3 choices by way of inter-sector transfer within Adm Zones. Those who cannot be posted to home states can be posted near to their home state within the zone. Home Zone/Home State posting for this purpose will also include tenure spent in duty battalions in home zone/home state." zyxw 4. The petitioner makes a statement that he had been in service with the CRPF for almost 29 years and in the 29 years of service he had never availed the home state posting. 5. We have considered the submission of the learned counsel for the petitioner. The petitioner makes a statement that he had been in service with the CRPF for almost 29 years and in the 29 years of service he had never availed the home state posting. 5. We have considered the submission of the learned counsel for the petitioner. Transferring the petitioner in the public interest by the order dated 26.12.2019 is one aspect of the matter and the other aspect of the matter is that the petitioner may have a legal right for a home state posting as per the order of August, 2015. But merely because he may have a right of home state posting, the same on its own cannot vitiate the order of transfer dated 26.12.2019 which was in the interest of public service. 6. Considering the said aspect, we do not find any reason to interfere in the order dated 26.12.2019. But however, if the petitioner is aggrieved that he has a legal right to be considered for home state posting, it will be open for the petitioner to file representation before the authority in the CRPF by staking his claim that he is entitled to home state posting as per Clause-6 of the office order of August, 2015. 7. In the event any such representation is made, the appropriate authority in the CRPF shall pass a reasoned order on the same within a period of 1 (one) month of making such representation and if the authorities are of the view that the petitioner is entitled to such benefit of home state posting and the exigencies of service permits such home state transfer, the authorities would pass an appropriate order on the same. 8. In terms of the above, the writ petition stands disposed of. The petitioner states that he would submit the representation within a period of 10 days from today. In the event, the representation is submitted within 10 days, the authorities shall pass appropriate orders as indicated above and till such order is passed, the earlier interim order dated 24.01.2020 shall continue. In the event, the representation is not submitted within 10 days from today, the interim order shall no longer continue. wxyz Writ petition stands disposed of. zyxw