- (1.) HEARD the learned Advocates appearing for the parties.
(2.) THIS appeal has been preferred assailing the judgment and order dated 7th March, 2007 passed by the learned Trial Judge in W. P. No. 22415 (W) of 2006 whereby and whereunder the impugned order of the writ application passed by the Director General/rpf on 11 th August, 2006 rejecting the representation on issue of transfer, was not interfered with.
(3.) THE learned Trial Judge considered the writ application as advanced by the respective writ petitioners on the point that even if there was any discrimination on issue of passing of a transfer order by allowing the representation of others, the same cannot be the subject-matter of the judicial review on the ground that the applicability of Article 14 of the constitution of India never could be construed in the negative angle but in the positive angle. However, before us on perusal of the records and documents it appears that there is a question of jurisdiction on issue of such transfer order having regard to the Standing Order No. 70 dated 27th September, 2004 as relied upon by the Director General aforesaid vis-a-vis the tenure of posting of any R. P. F. Personnel. It is the contention of the appellants before us that in the last posting wherefrom the writ petitioners were transferred to the different divisions, the five years tenure condition was not fulfilled to attract the order of transfer. However, it is submitted that no approval was sought for such pre-mature transfer in terms of the Standing Order. The learned Advocate for the respondents has opposed the appeal and applications both contending, inter alia, that all the writ petitioners are in Kharagpur Division for more than thirty years and, as such, the question of non-completion of tenure of five years has no relevancy as raised by the appellants and the transfer orders were not at all pre-mature transfer order.;