IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19511 of 2011 Date: 13.07.2011 Between: P. Padma Kumar .....Petitioner AND Central Industrial Security Force, rep. By its Director General Ministry of Home Affairs, New Delhi and 2 others. ....Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.19511 of 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in transferring the petitioner from BDL, Bhanoor unit to NTPC, Simhadri, Visakhapatnam District, as illegal, arbitrary, violation of principles of natural justice and against Article 21 of the Constitution of India and also contrary to the guidelines issued by the Government of India and consequently set aside the same. 2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents. 3. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner has been appointed as a Constable in Central Industrial Security Force in the year 1992 and posted at DSP, Durgapur, West Bengal State. Thereafter, he was posted to KPT, Kolkata, ONGC, Nazeera, Assam State. In the year 2001, the petitioner got married with one Smt Sreeja who is also a CISF Constable. In the year, 2002, the petitioner was transferred to Cochin Port Trust and again he was transferred to DSP, Durgapur of West Bengal State. In the month of May, 2010, both the petitioner and his wife were transferred to BDL, Bhanoor and since then the petitioner has been discharging his services to the utmost satisfaction of his superiors without any remarks. The petitioner is having two small children viz., Akhi who is aged 7 years studying II Class and Amrutha who is aged 6 years studying I Class. After transferring to the 3rd respondent Unit, the petitioner with great difficulty got admitted his children in Kendriya Vidyalaya, Ordinance Factory in Eddula Mylaram in the month of April, 2011. While so, on completion of one year, the petitioner’s name was displayed in the notice board on 28.6.2011, transferring him from BDL Bhanur to NTPC, Simhadri, Visakhapatnam District which is 700 km., away from BDL, Bhanur Unit and no transfer order was served on him sofar. More over the 3rd respondent is saying orally that he is going to relieve the petitioner within two days. The petitioner has just completed one year service at BDL, Bhanur. Normally, as per the procedure in vogue the CISF personnel are entitled to remain in a Unit for a period of three years which may be extended for one year. But, it seems either due to inadvertence or by over sight, the respondents transferred the petitioner under the impression that the petitioner has completed three years of service. Infact the petitioner has completed one year only and he is entitled to remain in the present unit for a further period of two years. The respondents did not take into consideration of the fact that the wife of the petitioner is also working in the same unit. The respondents also did not take into consideration of Office Memorandum issued by the Central Government dated 30.09.2009 for posting of wife and husband who are in Government service, at the same station. The petitioner has submitted a representation on 2.7.2011 explaining all his difficulties with proper reasons and requested to cancel his transfer orders, but the respondents did not take any action on the representation submitted by the petitioner so far. Hence, this writ petition. 4. The contention of the learned counsel for the petitioner is that as per the Circular Official Memorandum dated 30.09.2009 issued by the Government of India, both wife and husband to the extent possible have to be posted at one place, that the children of the petitioner were admitted in Kendriya Vidyalaya, Ordinance Factory in Eddula Mylaram in the month of April, 2011, that therefore, it would cause much inconvenience to both the petitioner and his wife and hence the writ petition may be allowed. 5. Ordinarily, this Court would not interfere with the transfer orders when it is made on administrative grounds. But, it can interfere with when malafides are attributed to the person who issued the transfer orders or it is made contrary to the rules or person who effected transfer has no jurisdiction. The case of the petitioner does not fall in one of the three categories. But, considering the fact that the studies of the young children of the petitioner and their education would be disturbed the petitioner is directed to file an application for transfer before the 2nd respondent after joining in the new station and thereafter, the 2nd respondent shall pass necessary orders duly taking into consideration the facts of the case sympathetically and also with reference to the guidelines framed by the Government of India for transfer. 6. Subject to the above observations, the writ petition is disposed of. There shall be no order as to costs. ______________ K.C.BHANU,J Date: 13th July, 2011. Note: Issue CC in three days. B/o. Gk THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19511 of 2011 Date: 13.07.2011 Gk.