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2020 DIGILAW 693 (GAU)

Force No. 941240976, Dhanraj Barman S/o- Lt. Aswini Barman v. Union Of India

2020-10-06

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT : Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents. 2. The petitioner was recruited in the CRPF on 29.01.1994 as a constable. The various postings that the petitioner was subjected during the tenure of his service is extracted as below: Sl No. Unit/Office Place/Location Type of posting From (Date) To (Date} Number of Year Month 1. GC-GTY Guwahati (Assam) Static (Hard) 29/01/94 19/01/94 00 11 2 049-Bn Jaipur (Rajasthan) Field (Soft) 20/01/95 10/06/97 2 4 3 049-Bn Dayapur (Assam) Field (Hard) 11/06/97 13/06/01 4 00 4 049-Bn JKAP Complex (Jammu & Kashmir) Field (Hard) 14/06/01 29/07/04 03 01 5 049-Bn Polo Ground (Meghalaya) Field (Hard) 30/07/04 03/06/07 02 10 6 049-Bn Karan Nagar (Jammu & Kashmir) Field (Hard) 04/08/07 08/06/11 04 00 7 GC-GTY Guwahati (Assam) Static (Hard) 09/06/11 07/01/16 04 06 8 120-Bn Machakolgre (Meghalaya) Field (Hard) 08/01/16 02/06/18 02 04 9 120-Bn Polo Ground (Meghlaya) Field (Hard) 03/06/18 07/06/18 6days 10 120-Bn Machakolgre (Meghalaya) Filed (Hard) 08/06/18 07/09/20 02 03 3. From a reading of the place where the petitioner was posted, it appears that initially his place of posting was Guwahati, Assam from 29.01.1994 to 19.01.1994, which is categorized to be hard posting, Daypur in Assam from 11.06.1997 to 13.06.2001 which is again stated to be a hard posting and Guwahati, Assam from 09.06.2011 to 07.01.2016 which is also a hard posting. 4. Apart from the aforesaid postings, all other postings of the petitioner were in places outside the state of Assam. The petitioner is a person who is otherwise a resident of the state of Assam. In the course of his service by the order dated 09.09.2020, the petitioner amongst others was transferred from the 120 Battalion to the 164 Battalion. It is stated that at present the 164 Battalion is located in the state of Jammu and Kashmir. According to the petitioner 164 Battalion would also be a hard posting. 5. The petitioner raises the claim that during his entire service career, except for the period from 20.01.1995 to 10.06.1997 when he was posted at Jaipur in Rajasthan, all other postings were hard posting. The petitioner seeks to obtain voluntary retirement from the forces upon completion of 30(thirty) years of service and presently he has completed 26 years and 8 months of service. 6. The petitioner seeks to obtain voluntary retirement from the forces upon completion of 30(thirty) years of service and presently he has completed 26 years and 8 months of service. 6. In the circumstance, the petitioner relies upon Clause 6 of the standing order no. 07/2015 of the Directorate General, CRPF, which is inter-alia provides that personnel who have completed 20 (twenty) 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 after ascertaining 3 (three) choices by way of inter-sector transfer within the ADM zones. 7. According to the petitioner although for the aforesaid 3 periods he was posted in the State of Assam which is admittedly his home state, all such postings were in the public interest and he never obtained for a choice posting and all the 3 (three) postings were hard postings. 8. According to the petitioner Clause 6 entitles him to avail a home zone or home state/ choice posting which has to be understood that the place of posting in the home state would be as per the choice of the petitioner and not a posting made in the public interest by the authorities. 9. In the resultant circumstance, the petitioner submitted a representation dated 13.09.2020 before the Inspector General of Police, Mardan Sector, CRPF making a request that as he had never obtained for a choice posting during his entire career and as the petitioner desires to go for voluntary retirement after completing 30 (thirty) years of service, he may be posted at a unit nearer to his residence, preferably at GC GTY, 128 Battalion or 10 Battalion. 10. The petitioner claims that the 3 (three) choices contemplated in Clause 6 are being exercised by him. In the aforesaid circumstances, we are of the view that the petitioner atleast has a legal right for his claim to be posted in his home state on his choices be given a consideration by the authorities. 11. Accordingly, this writ petition stands disposed of by directing the Inspector General of Police, CRPF to consider the representation dated 13.09.2020 of the writ petitioner and pass a reasoned order thereon. 12. The reasoned order be passed within a period of 30 (thirty) days from the date of receipt of certified copy of this order. 13. 11. Accordingly, this writ petition stands disposed of by directing the Inspector General of Police, CRPF to consider the representation dated 13.09.2020 of the writ petitioner and pass a reasoned order thereon. 12. The reasoned order be passed within a period of 30 (thirty) days from the date of receipt of certified copy of this order. 13. Till such reasoned order be passed, the order of transfer dated 09.09.2020 in respect of the writ petitioner shall remain stayed. 14. The petitioner also states that if his request for choice posting for the home state is allowed, it would be his terminal posting before he goes on voluntary retirement. The said aspect be also kept in mind while considering the representation of the petitioner. Writ petition stands allowed to extent indicated above.