IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 36248 of 2007(M) --------------------------------------- PETITIONERS: --------------------- 1. R.S.RAJESH, AGE 36 , S/O G.RAMESAN, SUB INSPECTOR/RPF CRIME INTELLIGENCE BRANCH, TRIVANDRUM, RESIDING AT RAVI BHAVAN, THACHANKONAM, VARKALA, THIRUVANANTHAPURAM DISTRICT. 2. A.K.PRINCE, AGED 38 YEARS, S/O LATE A.N.KRISHNAN, SUB INSPECTOR/RPF SPECIAL INTELLIGENCE BRANCH, ERNAKULAM SOUTH AT RAILWAY QUARTERS NO.124/A, ERNAKULAM SOUTH. 3. J.AJITH KUMAR, AGE 35, S/O OF LATE S.JANARDHANAN, SUB INSPECTOR/RPF POST, TRIVANDRUM CENTRAL, RESIDING AT TC/30/491, REVATHY, MUNNAMMANAICKAL, ANAYARA P.O., TRIVANDRUM- 695 029. BY ADV. SRI.P.SOMACHUDAN NAIR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE CHAIRMAN, RAILWAY BORAD, MINISTRY OF RAILWAY, RAIL BHAVAN, NEW DELHI-110 001. 2. DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI-110 001. 3. CHIEF SECURITY COMMISSIONER, SOUTHERN RAILWAY, RAILWAY PROTECTION FORCE, MOORE MARKET COMPLEX, CHENNAI-600 003. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36248/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: EXTRACT OF RAILWAY PROTECTION FORCE RULES 1987 11 PORTION. EXT.P.2: COPY OF THE SAPF TO BE ALERTED TO THE SELECTION TO THE INSPECTOR OF POLICE. EXT.P.3: COPY OF THE LETTER NO. 2006/SEC (E)/TR-3/243 DTD. 03/12/06. EXT.P.4: COPY OF THE LETTER NO. 2006/SEC/(E)/TR-3/IR/MISC/PL DTD. 11/12/2006 INTER RAILWAY TRANSFER OF NON GAZETTED STAFF. EXT.P.5: COPY OF THE LETTER NO. 2007/SEC (ABE)/TR-6/62 DTD. 27/07/07 TRANSFER ORDERS. EXT.P.6: COPY OF THE STANDING ORDER NO.70 TRANSFER OF RPF/RPSF PERSONNEL. EXT.P.7: COPY OF THE APPENDIX III. THE RAILWAY PROTECTION FORCE RULES 1987. RELEVANT PORTION OF CHAPTER I PRELIMINARY 91.2 ENROLLED MEMBERS OF THE FORCE. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE ORDER NO. X/P.608/IPF/2007 DTD. 06/08/07 ISSUED BY THE R.3. SHOWING THE NO OF VACANCIES AND LIST OF SUB INSPECTORS ELIGIBLE TO ATTEND SELECTION. EXT.R3.B: COPY OF THE ORDER NO. X/P.608/IPF/2007 DTD. 06/08/07 ISSUED BY THE R.3. SHOWING THE LIST OF 16 SELECTED SUB INSPECTORS SELECTED FOR PROMOTION AS INSPECTORS. //TRUE COPY// prv. V.GIRI, J. ------------------------- W.P.(C).No.36248 of 2007 M ------------------------- Dated this the 8th day of July, 2008. JUDGMENT The petitioners are Sub Inspectors in the Railway Protection Force. They have joined as such on 16.1.1996 and have completed their probation. They have completed 12 years in the said post. They are eligible to be promoted as Inspectors. They have also passed the departmental test for selection to the post of Inspector/RPF (Executive), as is evidenced by Ext.P2, a list of Sub Inspectors eligible to be promoted as Inspectors/RPF (Executive). 2. There are 26 persons included in Ext.P2. The petitioners are serial Nos.24, 25 and 26. According to them, 16 persons from Ext.P2 have already been appointed. There were further vacancies in the post of Inspector, wherein the petitioners could have been absorbed, but for, what the petitioners allege as 'irregular inter- zonal transfers' effected under Exts.P3 to P5. It is contended by the petitioners that under Rule 91.2 of the Railway Protection Force Rules, 1987, W.P.(C).NO.36248/07 :: 2 :: all inter-zonal transfers of the enrolled member of the force shall be ordered by the Chief Security Commissioner concerned, after obtaining the concurrence of the Director General. Ext.P6 is the standing order issued by the Director General supplementing the provisions of the Railway Protection Force Rules, 1987. It contains standing orders bearing No.70 dealing with the transfer of RPF/RPSF personnel. Clause 17(c) of Ext.P6 reads as follows: “(c) Inter-zonal transfers (including transfers from RPSF to RPF) will be effected keeping in view the vacancy position of RPSF/Zonal Railways.” 3. It is contended that inter-zonal transfers could be effected only by keeping in view the vacancy position. That is to say, if inter-zonal transfers are to be effected, in such a manner that persons are to be transferred to the southern zone, then, the availability of eligible persons to be promoted to the post of Inspectors should be kept in mind before effecting inter-zonal transfers. Such inter- zonal transfers should not be resorted to in such a manner as to dilute the rights available W.P.(C).NO.36248/07 :: 3 :: to eligible persons to be promoted as Inspectors in the Southern Zone. I find considerable force in this submission. 4.Though the petitioners claim promotion even by enforcement of Ext.P2, I do not think, the same is possible, in view of the stand taken by the respondents in the counter affidavit that there are inadequate vacancies to absorb the petitioners as Sub Inspectors from the list prepared for the year 2007. It is further contended by the respondents that petitioners will again have to prove their eligibility as and when vacancies arise. It is also contended that the transfers effected under Exts.P3 to P5 are not the subject matter of challenge in this writ petition. 5. No doubt, the petitioners have not frontally challenged the transfer orders, Exts.P3 to P5. The beneficiaries of the said inter-zonal transfers are also not parties to this writ petition. But, learned counsel for the petitioners point out that all that the petitioners now pray for is that the effect of Rule 91.2 of the Railway Protection Force Rules, W.P.(C).NO.36248/07 :: 4 :: 1987 read with Ext.P6 standing order should be declared and the respondents may be directed to act strictly in accordance with the Rules while inter-zonal transfers of personnel are effected. 6. In my view, this submission deserves to be accepted. The absence of challenge against Exts.P3 to P5 need not deter the petitioners from making this prayer. In the result, the writ petition is disposed of directing the respondents to ensure that inter-zonal transfers of Inspectors in the Railway Protection Force are effected strictly in accordance with Rule 91.2 of the Railway Protection Force Rules, 1987, read with standing orders contained in Ext.P6, particularly Clause 17(c) thereof, while filling up the posts of Inspectors in the Railway Protection Force, as and when they arise. Sd/- (V.GIRI) JUDGE sk/ //true copy//