THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 33070 of 2010 O R D E R: Heard Sri N.V. Ramanujam, learned Standing Counsel for Central Government. This Writ Petition has been directed against the order passed by the Inspector General of Central Industrial Security Force on 11.11.2010, rejecting the representation of the writ petitioner for being posted in proximate closeness to his home district, namely Mahaboobnagar District. The facts, which are relevant for our enquiry, are in a narrow compass. The writ petitioner joined the Central Industrial Security Force as a constable to begin with, on 07.08.1975. He was subsequently promoted to the rank of Head Constable and Assistant Sub-Inspector. On 10.09.2010, the writ petitioner along with several others was promoted as Sub-Inspector. He has been transferred and posted to SHAR Center, Nellore. He has objected to posting him at Nellore on the ground that he was due for retirement on 31.03.2012 and hence, he has only 1 ½ years of left over service and that as per the circular instructions issued by the Central Industrial Security Force on 08.10.2007, he should have been posted at as nearer a station as is possible to his home district. The writ petitioner claims his home district to be Mahaboobnagar in Andhra Pradesh. Questioning the orders of posting him to SHAR Center, he has instituted Writ Petition No. 23059 of 2010. That Writ Petition has been decided by this Court on 17.09.2010, directing the respondents to consider the representation dated 09.09.2010 submitted by the writ petitioner for retention at Hyderabad or for being posted to any other proximate place, within a period of four weeks. It was made clear by this Court that the writ petitioner shall, however, report to the station to which he is posted. Accordingly, the writ petitioner has since been working at SHAR Center, Nellore in Andhra Pradesh. Now the Inspector General passed the order dated 11.11.2010 rejecting his request. It is pointed out by the Inspector General that upon perusal of the service record of the writ petitioner, it disclosed that the writ petitioner has been posted in units located in and around Hyderabad for nearly 13 years in two different spells, between 13.05.1989 and 14.10.1996 and from 16.12.2004 to 24.09.2010. He was also earlier posted at Chennai on promotion to the rank of Assistant Sub- Inspector. Then also, the writ petitioner filed Writ Petition No. 2303 of 2008. In terms of the directions issued by this Court on 21.10.2008 to consider posting him in a unit nearby to Hyderabad, his case was considered and the writ petitioner has been posted to the Central Industrial Security Force unit at National Remote Sensing Center, Balanagar, Hyderabad. The writ petitioner has already completed nearly two years of service at the aforementioned center. Now, he earned a promotion as Sub- Inspector. Upon such promotion, he has been posted to SHAR Center at Nellore District of State of Andhra Pradesh. Even this transfer the writ petitioner grudges. Central Industrial Security Force is an armed force of the union. The interests of the armed force are far more paramount than that of the interests of the individual. The individual will have to surrender his conveniences for the overall good of the organization. It is no doubt true that the Central Industrial Security Force has issued certain guidelines for regulating the exercise of transferring the members of the Force. These guidelines are intended to sub-serve the exercise of discretion available with the Commandants of the Force. It was to ensure certain amount of transparency and fair play. The instructions also use, quite carefully, the expression “as far as is possible”. Thus, the very circular enables, to the extent possible and feasible, to retain the services of employees at the nearest possible station to his home district, so that he will be able to settle down in quick time immediately after his retirement from service. Nellore District cannot be considered to be too far away from his home District Mahaboobnagar. Therefore, posting the writ petitioner upon promotion as Sub-Inspector at Nellore cannot be construed as an arbitrary and whimsical act. Similarly, the fact that some of the regular Sub-Inspectors working in various units in and around have since retired, thus creating a vacancy, cannot also afford a ground for the writ petitioner to insist that he should be posted in one unit or the other in proximate closeness to his home district namely Mahaboobnagar. Transfer of an employee is purely incidence of service. No penal consequences flow there from. Every employee by the very nature of the calling of his employment is liable to serve wherever he is transferred and posted. The writ petitioner is entitled to seek the intervention of his superiors, but however, when once the Inspector General of the Force has taken into account and consideration all relevant factors and passed the order rejecting the claim, it is not open to this Court to substitute its opinion to that of the administrators. After all the Force is administered by the officers to whom the said task is entrusted. They know the interests and necessities of the organization much better and accordingly, they deploy the members of the Force. In the absence of any malicious intent on the part of the officers, as a rule of prudence, the Courts keep away from interfering with pure and simple administrative orders of transfer. Above all, when an employee earns a promotion, to a next higher rank, he is at least expected to serve at a different place than from where he was so promoted. Therefore, I do not find any reason or justification for entertaining this Writ Petition and accordingly, it is dismissed at the admission stage. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 29th December 2010 ksld