AJAY KUMAR vs UNION OF INDIA AND ORS

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5742/2025 & CM APPL. 26179/2025 AJAY KUMAR .....Petitioner Through: Ms. Saahila Lamba, Advocate versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Sahaj Garg, SPC with Mr. Yash Tyagi(GP) CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 02.05.2025 C. HARI SHANKAR, J. 1. We have heard Ms. Saahila Lamba, learned counsel for the petitioner and Mr. Sahaj Garg, learned Senior Panel Counsel for the respondents. 2. The petitioner challenges his transfer to Arunachal Pradesh after he had served at Jammu & Kashmir for three years. In the writ petition, the petitioner’s case was that the applicable policy envisages alternating hard postings and soft postings and that once the petitioner had served at hard posting for three years, he was entitled to a soft posting and could not therefore be transferred to Arunachal Pradesh. WP(C) 5742/2025 Signature Not Verified Page 1 of 5 Digitally Signed By:AJIT KUMAR Signing Date:05.05.2025 19:53:44 3. The instruction which was cited by the petitioner had been superseded as per the submissions advanced by Mr. Garg, learned counsel for the respondents. 4. Ms. Lamba has today drawn our attention to Standing Order 04/2022 dated 27 September 2022. 5. Ms. Lamba relies on clause 8 of the said Standing Order, which we may reproduce thus : “8. Normal Tenure (a) The normal tenure will be as under subject to the provisions of para 8(b) of this S.O : i) Field Bns in Category-‘B’ & (a) 04 yrs for Goup ‘C’/SDG/PDG/VIP Security Bns ‘B’ & ‘C’ GD/Signal personnel (b) 03 Yrs for all except above ii) SOZ Bns/CoBRA Bns/RAF 03 yrs Bns/Signal Bns/other Estt/Instns. iii) Mahila Group – ‘B’ & ‘C’ (GD/Tech/Tradesman) personnel : (a) Mahila Bns/RAF Bns/other 04