Chandigarh: The Punjab and Haryana high court has ruled that transfer guidelines relating to spouse postings neither have statutory force nor create an enforceable legal right in favour of an employee, calling them directory in nature meant to guide administrative discretion.“While spouse-posting guidelines may be considered by the administration, the ultimate decision must rest on administrative exigencies, and courts should not interfere merely because such guidelines were not acceded to,” said Justice Sandeep Moudgil while dismissing the plea of a Central Industrial Security Force (CISF) constable with nearly 16 years of service. Gurjit Singh, posted at the Punjab and Haryana civil secretariat in Chandigarh since 2021, challenged his Oct 2024 transfer to CISF unit at the Rajiv Gandhi Thermal Power Project, Khedar, Hisar. He argued that his case fell under the Govt of India’s “couple case” policy, as his wife was employed as a clerk in the Punjab govt and posted in Mohali, near Chandigarh. He further contended that the CISF director-general’s rejection of his representation through a brief order stating, “not acceded to,” was arbitrary and non-speaking. Rejecting the plea, Justice Moudgil, in his detailed orders, held that every member of the force shall be deemed to be always on duty and liable to be deployed or transferred to any place within or outside India. “Persons who voluntarily enter such disciplined forces do so with full knowledge of these service conditions. Posting at a particular station cannot, therefore, be claimed as a matter of right, nor can the court sit as an appellate authority over transfer decisions taken by the competent authority,” ordered the bench. The court further observed that the CISF is a Central Armed Police Force with an all-India character and is entrusted with securing vital installations across the country, including in sensitive and remote areas. Making it clear that posting by a member of a disciplined force at a particular station cannot be claimed as a matter of right, the court held that individuals who voluntarily join such disciplined forces do so with full knowledge of these service conditions. The bench reiterated that judicial interference in transfer matters involving armed or uniformed forces must be “extremely slow” and limited to exceptional cases. MSID:: 128205945 413 |
