Facts of the Case

Girish C., a Head Constable in the Central Industrial Security Force (CISF), challenged his transfer order in a writ petition, which was dismissed by a Single Judge (judgment dated 07.09.2023) after considering his contentions, including guidelines relating to spousal postings — the judgment recorded that the appellant's wife works in the GST Department, State of Kerala, purely as a factual detail relevant to the transfer-guideline analysis.

The appellant filed this intra-court Writ Appeal, reiterating his contentions on facts and on the transfer guidelines.

The Division Bench found that the Single Judge had considered the factual aspects and guideline-based contentions in detail, and had correctly held that the appellant had already availed a one-year grace period under the applicable guidelines, which had ended on 30.04.2023, with 15 days additionally granted to join the transferred station.

Issues Involved

  1. Whether the appellant's transfer order was liable to be set aside, having regard to the transfer guidelines and his personal/family circumstances (including his wife's employment).

Petitioner's Arguments

  • The appellant reiterated the factual and guideline-based contentions raised before the Single Judge in challenging the transfer order.

Respondent's Arguments

  • Transfer is an ordinary incident of service for a member of a uniformed force, who is statutorily bound to serve anywhere in the country as posted, and the appellant had already availed the one-year grace period available under the applicable guidelines.

Court Order / Findings

  • The Division Bench held that the Single Judge had considered all factual aspects and contentions in detail and correctly found that the appellant had already availed the one-year grace period under the guidelines, ending on 30.04.2023, with an additional 15 days granted to join.
  • Since transfer is an incident of service for a member of a uniformed force bound to serve anywhere in the country, the Court found no justification to interfere with the Single Judge's judgment, and dismissed the appeal.

Important Clarification

This is a service-law ruling about transfer guidelines for CISF personnel — the mention of the GST Department is incidental (identifying the appellant's wife's employer for purposes of a spousal-posting guideline) and this order decides nothing about GST law.

Sections Involved

  • CISF Act, 1968 and applicable service/transfer guidelines — governing posting and transfer of CISF personnel

Decision – In Favour of

Decided against the appellant — the Writ Appeal was dismissed, upholding the Single Judge's judgment rejecting the challenge to the transfer order.

Case Details

  • Court: High Court of Kerala at Ernakulam
  • Case No.: Writ Appeal No.1634 of 2023 (against judgment in WP(C) 13443/2023)
  • Coram: Hon'ble Mrs. Justice Anu Sivaraman and Hon'ble Mr. Justice C. Jayachandran
  • Date of Order: 21.09.2023

Link to Download the Order

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