- (1.) The Petitioner is a Cashier in the Armed Reserve Camp, Kollam in the Police Department. He was promoted as Junior Superintendent and ordered to be transferred in the District Police Office, Kasaragod, This was done by order dated 2-12-1993 (Ext. P6). By the same order P.J. Thomas, the Respondent No. 2 herein, who was then at District Police Office Pathanamthitta was transferred to Quilon where the post became vacant upon the Petitioner's transfer to Kasaragod. The Petitioner impugns the order transferring him to Kasaragod. .
(2.) The Petitioner is the brother of a Jawan employed in the Airforce. He lives with his mother in Quilon. There are no other relations living with the mother. G.O.(MS) 140/88/ Home dated 10-11-1988 prescribe guidelines for the purpose of transfer of employees in the Police Department. Guidelines No.15 reads: "15. Actual relatives of Jawans may be posted to their place of choice on their promotion. Only one relative of Jawan will be given preferential treatment in the case of transfer on promotion". Jawans in Armed forces, by reason of their special circumstances which demand a life away from the native place and family, in defence of the country, need a special treatment. They have relations in their native State, whose sorrows, happiness, pleasures and frustrations are always on the mind of the Jawan working in a far off place isolated from the kith and kin. The kith and kin of the Jawan employed in the civil service, should be so placed that the Jawan's mind should be at ease - comfortable in the thought that the civil authorities under whom his relation works, take care of him. This is the reason why the Government by guideline No. 15 directed that the relatives of Jawans should be posted at the places of their choice.
(3.) The Petitioner was once promoted and posted at Quilon. This is his second promotion. The Respondent No. 1 contends that the special concession under guideline No. 15 can be availed of only once in life time. This argument of the Respondent No. 1 is contrary to the principles which inspired the Government to prescribe the guideline No. 15. The guideline admits of no such limitation. The fundamental principle is that the relation of the Jawan should always be at the place of his choice. In the result the relative of the jawan may be posted at a given place permanently. Once vacancy at that place may be blocked by the jawan's brother. This inevitable consequence has to be suffered by the civil service. The need to keep the Jawan in the armed forces free from anxiety, overrides, the consideration of satisfying the aspirations of civilian employees for posting at their native place. This special and extraordinary concession is available as long as the Petitioner's brother serves the armed forces. The guideline No. 15 serves public interest It is entirely reasonable.;