JUDGMENT : SUJIT NARAYAN PRASAD, J. 1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 27.04.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 1857 of 2020, whereby and whereunder, the claim of the writ petitioner for holding him entitle for the transfer travelling allowance amounting to Rs.2,70,087/-with interest @ 14 per cent per annum which has been denied by the respondents, has been refused to be interfered with by not passing any positive direction in favour of the writ petitioner. 2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder. 3. It is the case of the writ petitioner that he was serving in the Border Security Force since more than 26 years. He was posted as Commandant, IRB 05 Gumla Camp at Dhurwa. During his entire career, he has worked as BSF Officer, he has performed his duties sincerely. 4. The writ petitioner, while holding the post of Commandant in the Border Security Force in the 15 Battalion, having its Unit at Mathpur in the State of West Bengal, has made request vide its request letter dated 22.01.2018 for his transfer to the place which is nearby to his native place, i.e. the district of Hazaribagh, Jharkhand 5. The writ petitioner was transferred vide order dated 26.03.2018 (Annexure-2) and was posted to 192 Battalion having its Unit at R.S. Pura, Jammu. Subsequent thereto, the writ petitioner was transferred from 192 Battalion to 42 Battalion, Unit of which was during the relevant time, in the Coochbehar, West Bengal. 6. The writ petitioner has again been transferred vide Annexure-9 dated 10.01.2019 from 42 Battalion (Mahatpur, West Bengal), again to 192 Battalion (R.S. Pura, Jammu). 7. The grievance of the writ petitioner that although, the request was made for his transfer vide application dated 22.01.2018 for his posting nearby to his native place which is in the district of Hazaribagh but without taking any decision, in that regard, he has, on first occasion, was posted from 15 Battalion, the place from which the request was made for his transfer vide application dated 22.01.2018. But, he was transferred to 192 Battalion then again from 192 Battalion to 42 Battalion on public interest and thereafter, from 42 Battalion to 192 Battalion. 8. But, he was transferred to 192 Battalion then again from 192 Battalion to 42 Battalion on public interest and thereafter, from 42 Battalion to 192 Battalion. 8. The further grievance of the writ petitioner is that he became entitle for the transfer travelling allowance for his transfer on two occasions, i.e. the first transfer as has been ordered vide Annexure2 dated 26.03.2018 from 15 Battalion to 192 Battalion, since, the same cannot be construed to be transfer on request. 9. He has also entitled for the transfer travelling allowance for the transfer as has been effected vide Annexure-9 dated 10.01.2019 from 42 Battalion to 192 Battalion, which has been considered to be transfer on request and that is the reason, the authorities have considered both the transfer, on request and as such, by applying the provision that the transfer since was on the request made by the writ petitioner vide application dated 22.01.2018, the same will be construed to be exceeded to by posting on first occasion from 15 Battalion, Mahatpur (W.B.) to 192 Battalion, R.S. Pura, Jammu (J&K) and on third occasion from 42 Battalion to 192 Battalion. 10. The writ petitioner, being aggrieved with the aforesaid decision by denial of the benefit of transfer travelling allowance, has approached to this Court by filing the writ petition being W.P. (S) No. 1857 of 2020. 11. The respondent has filed counter affidavit, wherein, the ground inter-alia was taken that the case of the writ petitioner based upon his request vide application dated 22.01.2018 had been considered but since, he was not found to be eligible to be posted in the nearby area falling under the District of Hazaribagh where the training centre is situated in the Meru area of the district of Hazaribagh, he has not been given posting nearby to his native place. 12. It has been contended that the Coochbehar, Unit of which was in the West Bengal during the relevant time and again the request was reiterated vide representation dated 08.08.2018. 13. The reason was assigned in the affidavit that since, the appellant was not eligible as also there was no vacancy available nearby to his native place, i.e. in the district of Hazaribagh and as such, the transfer so made to 192 Battalion, Unit of which was in the Coochbehar, (West Bengal) has been considered to be transfer on request. 14. The reason was assigned in the affidavit that since, the appellant was not eligible as also there was no vacancy available nearby to his native place, i.e. in the district of Hazaribagh and as such, the transfer so made to 192 Battalion, Unit of which was in the Coochbehar, (West Bengal) has been considered to be transfer on request. 14. The further reason was assigned that the posting cannot be claimed as a matter of right that too a member of the disciplined force and as such, the request when made, the authorities have taken conscious decision of transfer of the writ petitioner to 192 Battalion on first occasion, thereafter, again to 192 Battalion after his shifting to 42 Battalion. 15. Learned Single Judge, on consideration of the aforesaid fact, has dismissed the writ petition by assigning the reason that the shifting of the writ petitioner to R.S. Pura, Jammu in 192 Battalion of B.S.F. was a result of his request of transfer vide Annexure-1, so as also, his subsequent transfer to Coochbehar in 192 Battalion, was again by virtue of request so made by the writ petitioner and accordingly, the writ petition has been dismissed, which is the subject matter of the instant appeal. 16. Learned counsel appearing for the appellant has submitted that the learned Single Judge has not appreciated the fact that the request so made either by virtue of application dated 22.01.2018 or 08.08.2018, since, have not been acceded to, since, he has not been posted nearby to his native place, rather, has been posted far away from his native place, i.e. first in 192 Battalion, which is at R.S. Pura, Jammu (J&K) and the second claim which pertains to transfer from 42 Battalion to 192 Battalion which also cannot be said to be transfer on request, since, this time also the writ petitioner was transferred from 42 Battalion to 192 Battalion, the unit of the said Battalion during the relevant time was in the Coochbehar, West Bengal. 17. It has been contended that the Unit of Mahatpur in the State of West Bengal, the Unit where the 192 Battalion was there, the writ petitioner transferred from 15 Battalion, the said Battalion, i.e. 192 Battalion was also far away from the native place, i.e. the district of Hazaribagh. 18. 17. It has been contended that the Unit of Mahatpur in the State of West Bengal, the Unit where the 192 Battalion was there, the writ petitioner transferred from 15 Battalion, the said Battalion, i.e. 192 Battalion was also far away from the native place, i.e. the district of Hazaribagh. 18. Likewise, the place of posting from 42 Battalion to 192 Battalion, Unit of which was during the relevant time, in Coochbehar, West Bengal which was at the distance of 500 KMs from his native place and as such, it cannot be construed to be transfer on request, since, the writ petitioner has not been posted nearby to his native place. 19. It has been contended by responding to the pleading made by the respondent in the counter affidavit before the learned writ Court that the writ petitioner was having no eligibility or there was no vacancy that might be a ground, but, the writ petitioner is not questioning the order of transfer, rather he is only claiming herein the allowance in consequence of his transfer on the ground that if the writ petitioner had not been posted nearby to his native place, whatever be the reason, he became entitle for the allowance for the transfer and it cannot be construed to be transfer on request. 20. Mr. Prabhat Kumar Sinha, learned counsel appearing for the respondent-Union of India has submitted that the reason of not giving the posting near the native place to the writ petitioner is that he was not found to be eligible to hold the post in the single training centre which is in the District of Hazaribagh at Meru and hence, the authorities have considered the request and posted him in the district of Hazaribagh by his posting to 192 Battalion on earlier occasion and again, 192 Battalion on the third occasion for which, the claims have been made. 21. The contention has been made that the writ petitioner is seeking direction as a matter of right to be posted nearby to his native place and hence, since, he was not posted, as such, he is claiming for transfer allowance, which cannot be said to be admissible. 22. Learned Single Judge, after taking into consideration the aforesaid fact, has declined to pass positive direction in favour of the writ petitioner and hence, the order impugned suffers from no error. 23. 22. Learned Single Judge, after taking into consideration the aforesaid fact, has declined to pass positive direction in favour of the writ petitioner and hence, the order impugned suffers from no error. 23. This Court has heard the learned counsel for the parties, perused the documents along with the pleading both in the writ petition and the memo of appeal as also considered the finding recorded by the learned Single Judge in the impugned order. 24. The basic issue which requires consideration as to whether, the transfer/posting of the writ petitioner based upon the request dated 22.01.2018 or 08.08.2018, is construed to be transfer on request. 25. If the answer of the said question will be in affirmative, then the writ petitioner certainly will not be entitled for the transfer allowance. However, if the answer will be in negative, the writ petitioner will be entitled for such transfer allowance, therefore, the answer of the said issue is having bearing with the claim of the writ petitioner. 26. There is no dispute about the fact that if the transfer is being made on request, the concerned public servant will not be entitled to claim the allowance in consequence of transfer. However, if the transfer is being made on public interest, then certainly as per the rule applicable, the concerned employee is held to be entitled for the transfer allowance. 27. This Court, in order to answer the issue has considered the application dated 22.01.2018 and 08.08.2018. 28. It is evident from both the applications that by specifying the reason to look after the parents, the request was made to transfer him to his native place. The native place is in the district of Hazaribagh, Jharkhand where the training centre is there for the Border Security Force. 29. The transfer order, in consequence of the application dated 22.01.2018 was passed vide Annexure-2 dated 26.03.2018, whereby the writ petitioner was transferred to 192 Battalion, Unit of which during the relevant time was in the State of West Bengal. 30. The respondent claims that since, he was transferred on the basis of the request dated 22.01.2018, therefore, the transfer from 15 Battalion to 192 Battalion, i.e. from Mahatpur, West Bengal to R.S. Pura, Jammu will be considered to be transfer on request. 31. 30. The respondent claims that since, he was transferred on the basis of the request dated 22.01.2018, therefore, the transfer from 15 Battalion to 192 Battalion, i.e. from Mahatpur, West Bengal to R.S. Pura, Jammu will be considered to be transfer on request. 31. But, this Court is not in agreement with such submission, reason being that the specific request of the writ petitioner, as would appear from the application dated 22.01.2018 to post him nearby to his native place but he was not posted in the District of Hazaribagh or nearby to his native place, rather, he has been posted to 192 Battalion, the Unit of which was in R.S. Pura, Jammu. 32. There is no denial of the fact of distance between Jammu and Hazaribagh which is at the distance of about more than 1000 KMs. However, the plea has been taken, as would appear from the counter affidavit filed before the learned writ Court, that the Unit of 192 Battalion which is to be shifted from R.S. Pura, Jammu to Coochbehar, West Bengal, which according to the respondent is also nearby to his native place. 33. But the said reasoning is also not acceptable to this Court for reason that even the Coochbehar which is in the State of West Bengal is having at the distance of more than 500 KMs from the District of Hazaribagh. 34. If any employee or the public servant is making transfer on request, the competent authority is having two option, not to accede or to accede. 35. In case of non-acceptance of the request, the same is required to be rejected out-rightly on the principle that the transfer or posting cannot be claimed as a matter of right, rather, it is the prerogative of the employer to post one or the other public servant according to the requirement and eligibility/efficiency. But once, the request is said to be accepted, then it has to be accepted in entirety. 36. There cannot be any here and there that if the request is being made for his posting to the particular place and if the concerned employee posted far away at the distance of about more than 500 KMs, it is not proper for the respondent to claim that the transfer was based upon the request. 37. 36. There cannot be any here and there that if the request is being made for his posting to the particular place and if the concerned employee posted far away at the distance of about more than 500 KMs, it is not proper for the respondent to claim that the transfer was based upon the request. 37. The request transfer means such person for which the order is issued by the competent authority considering the request of the Officer for his/her posting at Station of his/her choice. Therefore, it is to be seen regarding the claim of the transfer allowance, as to whether, the transfer so requested is as per the choice of the place of the writ petitioner. 38. However, the place where the choice has been given, i.e. at Meru Camp in the district of Hazaribagh, the respondent has come out with the reason by taking it in the counter affidavit that the writ petitioner was eligible to hold any post in the training centre situated at Meru in the district of Hazaribagh, that might be a reason and as such, this Court is not on the issue that if the writ petitioner is not eligible to hold any post in the Meru Camp, he cannot be posted. 39. But, here the case is not of the order of transfer/posting but it is the claim of transfer allowance and as such, if the respondent itself is of the view that native place of the writ petitioner is at Hazaribagh where the Meru Camp is situated and the writ petitioner is not eligible to hold any post there, then now it cannot be said by the respondent by transferring him from 42 Battalion to 192 Battalion to be at the place of choice of writ petitioner, said to be transfer on request. 40. This Court is not concern with the same, as has been observed hereinabove that the posting of one or the other public servant is exclusively domain of the appointing authority, but herein, the writ petitioner is not questioning his transfer from 15 Battalion to 192 Battalion, rather, he has given his joining and started discharging his duty but had made a claim for transfer allowance. 41. 41. The further claim for his transfer allowance for transfer from 42 Battalion to 192 Battalion which has again been said to be in terms of the request so made by the writ petitioner vide application dated 08.08.2018. Prior to transfer of the writ petitioner from 42 Battalion to 192 Battalion, the writ petitioner was posted vide annexure-8 from 192 Battalion (R.S. Pura, Jammu) to 42 Battalion (Coochbehar, West Bengal). 42. The writ petitioner again made a request to post him nearby to his native place. But the respondent has issued order of transfer transferring the writ petitioner from 42 Battalion to 192 Battalion, now the Unit of 192 Battalion is in the district of Coochbehar, West Bengal. 43. The Coochbehar in the State of West Bengal is also having at the distance of more than 500 KMs. The content of the application either dated 22.01.2018 or 08.08.2018 is that the transfer on request was sought for so as to look after his parents. 44. The question is that if the writ petitioner has been posted at the distance of more than 500 KMs, how can the writ petitioner look after his parents. 45. We are not questioning the decision of the authority as has been referred hereinabove, since, it is the exclusive domain of the respondent to post him but why the transfer allowance be denied, that is the question herein. 46. The justification so shown in the counter affidavit that he has not found to be eligible to be posted in the district of Hazaribagh, the said reason, since, is not under question, therefore, it is explicitly clear that the posting of the writ petitioner was not in terms of the request so made. 47. Therefore, this Court comes to the conclusion on the basis of the aforesaid fact that the transfer so made either vide Annexure-2 dated 26.03.2018 from 15 Battalion to 192 Battalion or transfer vide Annexure-9 dated 10.01.2019 from 42 Battalion to 192 Battalion, cannot be said to be transfer on request. 48. 47. Therefore, this Court comes to the conclusion on the basis of the aforesaid fact that the transfer so made either vide Annexure-2 dated 26.03.2018 from 15 Battalion to 192 Battalion or transfer vide Annexure-9 dated 10.01.2019 from 42 Battalion to 192 Battalion, cannot be said to be transfer on request. 48. This Court, after having discussed the aforesaid fact hereinabove and on assessment of the order passed by the learned Single Judge, the aforesaid aspect of the matter has not been considered, rather, the conclusive finding has been arrived at that posting of the writ petitioner in Coochbehar, has been held to be near Hazaribagh, which according to our considered view, cannot be said to be proper finding taking into consideration, the distance of the Unit (Coochbehar) is at the distance of more than 500 KMs, then how the Coochbehar unit in the State of West Bengal, can be said to be near Hazaribagh. 49. Learned Single Judge, basing upon the aforesaid reason has come to the conclusion that the transfer so made is as a result of request made by the writ petitioner. 50. This Court, in view of the discussion made hereinabove, is of the view that the decision taken by the respondents, cannot be said to be proper and accepting the said reason by the learned Single Judge, according to our considered view, cannot be said to be justified. 51. Accordingly, we are of the view that the order impugned needs interference. 52. In view thereof, order dated 27.04.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 1857 of 2020 is hereby quashed and set aside. 53. In the result, the instant appeal stands allowed. 54. In consequence thereof, the writ petition being W.P. (S) No. 1857 of 2020 also stands allowed. 55. The respondents are hereby directed to disburse the admissible transfer allowance in consequence of the transfer of the writ petitioner vide transfer order dated 26.03.2018 and 10.01.2019 in favour of the writ petitioner within the period of two months from the date of receipt of copy of the order.