Manoj Kumar Gupta, J. - (1.) THE petitioner is Assistant Sub Inspector (M) in Central Reserve Police Force (for short C.R.P.F.). He is aggrieved by order dated 14.6.2014, whereby, he has been transferred from 148 Battalion deployed at Chandauli to 117 Battalion deployed in Srinagar and the order dated 20.6.2014 passed by respondent no. 3 rejecting his representation for cancelling the transfer order.
(2.) ACCORDING to the petitioner, he was transferred to 148 Battalion Chandauli on 8.10.2011, which is a hard area posting. As per Standing Order No. 2 of 2014 (for short 'Standing Order') issued by Ministry of Home Affairs, New Delhi relating to transfer policy of Ministerial/Stenographic/Official Language Cadre, the petitioner having completed the stipulated tenure of two years in hard area, is entitled to be posted in a soft area, but has been illegally transferred to 117 Battalion, which is deployed at Srinagar, a hard area. It is urged that according to paragraph 6 of the Standing Order, he is entitled to be posted in a soft area and consequently, impugned order is illegal as well as the order rejecting his representation. The respondents have filed a short counter affidavit, in which it is stated that in the year 2011, when the petitioner was promoted from the post of Head Constable to ASI (M), he took personal appointment from I.G. (Personnel) Directorate General C.R.P.F. and requested for posting at Chandauli based Unit. His request was accepted and by order dated 6.7.2011, he was transferred from 143 Battalion at Imphal to 148 Battalion at Chandauli, where he joined on 8.10.2011. Thus, his posting at 148 Battalion at Chandauli was a "Choice Posting" being on his request, in his home State. It is submitted that according to Standing Orders, the period spent during choice posting in hard area is not counted as hard area posting in view of definition of 'hard area posting' under paragraph 2 (h); as such, there is no breach of any Standing Order. It is further contended that out of 25 Battalions of C.R.P.F., 20 Battalions are deployed in LWE/J & K. area. Thus, all personnel could not be accommodated at their choice place. It has been further pointed out that while being posted at 148 Battalion, Chandauli, the petitioner was stationed at the Unit Headquarter of the Battalion, which is 13 kilometers from Mughalsarai Railway Station and 14 kilometers from Varanasi Cantt. Station. It is stated that only Companies of 148 Battalion are deployed in L.W.E. area and thus, the petitioner, who was posted at the Headquarter of the Unit, which was his choice posting, was virtually deployed in a soft area, consequently, no interference is called for.
(3.) I have heard learned counsel for the parties and perused the record.;