Central Administrative Tribunal - Ernakulam
Riyaz Khan C vs Ut Of Lakshadweep on 10 November, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. No.181/00453/2025
Monday, this the 10th day of November, 2025
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
Riyaz Khan C., Aged 40 years, S/o Koyamma K., Coastal Police Constable
(Lascar), B. No. 03, Kavaratti Police Station, Permanently residing at
Chungam House, Kavaratti Island, U. T of Lakshadweep - 682555.
-Applicant
[By Advocates: Mr. Lal K Joseph, Mr.Koya Arafa Mirage, Ms.Sonia Shibu]
Versus
1. Union Territory of Lakshadweep, Represented by Its Administrator,
Administration of Union Territory of Lakshadweep,
Secretariat, Kavaratti 682555.
2. Senior Superintendent of Police, Kavaratti, Union Territory of
Lakshadweep- Pin: 682555
-Respondents
[By Advocate : Mrs. Sreekala K.L., SC]
The application having been heard on 15.10.2025, the Tribunal on
10.11.2025 delivered the following:
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O.A.No.453/2025 2
ORDER
Applicant is a Coastal Police Constable (Lascar) attached to Kavaratti Police Station. He is aggrieved by Annexure-A2 order dated 25.09.2025 whereunder he has been transferred from Kavaratti Police Station to Kiltan Police Station. According to him, such a transfer is illegal and arbitrary, it violates provisions of Annexure-A3 transfer policy, that he had come to Kavaratti only on 11.09.2023 and that he has an assured maximum tenure of three years as per the transfer guidelines, but before completing that tenure, without showing any convincing reasons, he alone has been transferred to Kiltan Police Station, which is in violation of the transfer norms. Moreover, when such a premature transfer is ordered, it should have been done only with the approval of the Administrator as provided in clause 8 of the Annexure-A3, which was not done. Again, it has been pointed out that he has been discriminated, picked up and chosen for transfer without valid reasons . His father-in-law is suffering from heart related ailments, who had undergone Angioplasty last year, that his daughter is in ZQ Pre-School, Kavaratti and such a sudden transfer during the middle of the academic year will disturb her education. Therefore, the transfer is illegal, arbitrary and vitiated by malafides.
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It is sought to be set aside invoking the jurisdiction of this Tribunal.
2. The O.A. was admitted on 25.09.2025. Even though it was submitted that the applicant stood relieved, this Tribunal, by order dated 25.09.2025, directed the 2nd respondent to permit the applicant to continue at Kavaratti Police Station till the next date of posting. Such an order continues; on the basis of the interim order he is continuing in Kavaratti Police Station.
3. According to the applicant, such a premature transfer, before completion of three years, is illegal and arbitrary, sufficient grounds are not urged for displacing him now, there is no public interest involved in transferring him. The applicant has also relied on the decision in Union of India and others v. S.L. Abbas [(1993) 4 SCC 357] to buttress his contention.
4. The learned Standing Counsel for the Lakshadweep Administration filed a counsel statement denying the contentions of the applicant. According to her, clause 14 of Annexure-A3 transfer policy itself enables the Superintendent of Police to exercise the discretion to transfer any person before normal tenure of posting on the ground of indiscipline or in administrative exigencies. Here, the transfer was made in administrative exigencies. Sanctioned strength of Kiltan Police Station is only 13 personnel, which is inadequate for the effective functioning of the Coastal Police Station 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 4 entrusted with maritime surveillance and security duties. Going by the statement, an interceptor boat is stationed at Kiltan, which is presently hauled up and awaiting scheduled maintenance, the technical team is expected to reach shortly to carry out the required works. Once it is re-commissioned, the boat will be deployed for round the clock operations including patrolling, interception and continuous maintenance. For this purpose, the deployment of sufficient trained Coastal Police staff is inevitable.
5. Further, it is stated that adequate strength of Coastal Police personnel is not only essential for routine maritime operations but also to ensure continuity of duties during instances where any staff may proceed on leave or face personal emergencies. The presence of sufficient number of trained Police Constables provides the necessary operational flexibility, prevents disruption in critical security functions and guarantees uninterrupted coastal patrolling, surveillance and response capability.
6. It is also stated that, it is significant that Kiltan island lies along an international maritime route, which heightens its vulnerability to threats and other illegal activities. Therefore, strengthening the deployment of trained Coastal Police manpower at Kiltan is not merely an administrative requirement but a matter of national security and maritime safety. Any lapse in operational 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 5 readiness at such a strategically sensitive location would directly endanger the island's security and compromise the protection of adjoining sea routes. The present transfer of the applicant is thus a bonafide measure aimed at addressing these intensive requirements. It is reiterated that it is the bonafide need to maintain operational preparedness ensuring uninterrupted coverage and safe guard the security interest.
7. Further it is submitted that the applicant had started service on 30.05.2011. Then he was posted in Kadmath, in 2015 he was transferred to Kavaratti Police Station and then in 2019, was transferred to Kiltan, but then allowed to continue in Kavaratti itself. He was transferred to SB Unit, Beypore in 2021, thereafter transferred back to Kavaratti in 2023 and is continuing in Kavaratti. It is stated that out of total service, major spell of his service is in Kavaratti, his native island, that in administrative exigencies only he has been transferred to Kiltan.
8. The applicant filed rejoinder reiterating the contentions in the O.A., disputing the counsel statement of the respondents.
9. Heard Sri.Lal K Joseph, learned counsel for the applicant and Smt.Sreekala K.L., learned Standing Counsel for the Lakshadweep Administration for the respondents.
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10. Admittedly, the applicant is in Police service from 2011 onwards. Now, he has completed nearly 14 years of service. From Annexure-R1 series details of his transfers and postings, it is certain that major spell of his service was in his native island Kavaratti. It is true that he has been transferred, under the impugned order to Kiltan Police Station before completion of three years, which is the main point of attack against the transfer. The very case has been built up on such a plea based on Annexure-A3 transfer guidelines. According to him, he has maximum tenure of three years in Kavaratti, that before completing the period he has been transferred without the approval of the Administrator, which is bad and illegal.
11. After considering rival conditions and materials, I do not find my way to uphold the contentions of the applicant. First of all, Annexure-A3/R1(a) is only a guideline, which does not have statutory force. It cannot be enforced like a statute. It has been held on numerous occasions by the higher Courts. In K.Nirmalanandan v. M.Divakaran and others [1989 5 SLR 4 22], a Division Bench of the Hon'ble High Court of Kerala has made it clear that such guidelines do not put fetters on the right of a Government to transfer a Government servant in public interest. Similarly, in the decision in Jogendra Mohanty v. State of Orissa and others [1979 (1) SLR 892], a Division Bench of 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 7 the Hon'ble Orissa High Court has held that administrative instructions indicating guidelines create no right to officers. According to the Court, an order of transfer cannot be challenged on the ground of violation of administrative instructions. This has been reiterated by the Hon'ble Apex Court also in S.L.Abbas, quoted by the applicant. The Court has made it clear that executive instructions such as for transfer of Government servants are in the nature of guidelines, do not confer a legally enforceable right.
12. The claim of the applicant has to be considered in the above background. It is true that in Annexure-A3 it is stated that the maximum period of service in a particular seat in an island is three years. But clause 2 of Annexure-A3/R1(a) indicates that the normal period of posting in an island and main land shall not exceed the period shown thereunder. Maximum period of posting for a Government servant in a particular island in Kavaratti, Kiltan etc. is three years. It is the maximum spell and there is no prescribed minimum period. That will not give fetters to the officers to transfer an employee in administrative exigencies.
13. Secondly, as rightly pointed out by the learned Standing Counsel, clause 14(iv) of the guidelines enables the Superintendent of Police to exercise his discretion to transfer any police personnel before completing normal 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 8 tenure of posting on the ground of indiscipline or administrative exigencies. Here, there is no allegation that the applicant has done any act of indiscipline. But, administrative exigencies have been highlighted to transfer him before the completion of three years, which cannot be found fault with.
14. The respondents have highlighted the geographical position of Kiltan island and the importance of giving extra coverage to such a strategically important area, which lies adjacent to international maritime route. Police force in such an island should always be kept operationally ready against any danger or threat to national security. Here, the applicant has stated his personal inconveniences in proceeding to Kiltan. At first he said that his father- in-law has undergone angioplasty a year before and is under treatment. But treatment for heart ailment is not available in any island. If at all any emergency occurs, such a patient will have to be evacuated to the mainland. So, his presence in Kavaratti or Kiltan does not make any difference in the matter of giving appropriate medical attention to the father-in-law. Secondly, it was pointed out that his daughter is in Pre-School and the transfer in the middle of the academic year would adversely affect her studies. There is no rule that during the middle of the academic year such transfer shall not be effected. Here, after all, the child is only in Pre-School, she can continue her 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 9 studies in Kiltan as well.
15. After evaluating the comparative hardships and balance of convenience, I have no doubt that the personal inconveniences highlighted by the applicant cannot give way to national security and public interest, under which the applicant has been transferred.
16. Even otherwise, it is the settled proposition that transfer is an incident of service. No one has any vested right to continue in a particular station for particular period of time as he likes. He is a native of Kavaratti. For major spell of his service, when reckoned from 2011 onwards, he had been in Kavaratti. Therefore, he cannot say that he should be allowed, in the background of the public interest raised by the respondents, to continue in Kavaratti till the completion of the tenure.
17. After all, as stated earlier, even though clause 8 of the circular says that the orders of the Administrator is necessary, when clause 14(iv) is taken, it is clear that the Superintendent of Police in exercise of his discretion can transfer a Constable in administrative exigency. This Tribunal is not expected to sit in judicial review of the discretion exercised by the employer. Moreover, Tribunal cannot act as an appellate authority on such matters. Here, the applicant is a person in uniformed force. He should have obeyed the transfer 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 10 orders made in administrative exigency without challenging the same before the Tribunal.
18. The main pillar on which the case has been built up is Annexure- A3, which is too feeble. It cannot be enforced like a statute. The grounds urged in support of the applicant are not sufficient to interfere with the order.
19. It has also come out that the applicant had based on Annexure-A5 order whereunder interim order was passed staying the operation of transfer of one J.M.Manzoor Ali. But it is noticed that the said O.A. 297/2023 stands dismissed on 23.07.2024.
The applicant fails in making out a case. The Original Application is dismissed. Interim order is vacated. No costs.
(Dated, this the 10th November, 2025) JUSTICE K.HARIPAL JUDICIAL MEMBER ds 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 11 List of Annexures Annexure A1: True copy of the order F. No. 1/9/2015-Estt (Pol) dated 24.07.2023 Annexure A2: True copy of the Order F.No. 1/11/2009-Estt (Pol)/1766 dated 23.09.2025 Annexure A3: True copy of Circular F.No.12/03/2012-Services dated 7-3-2012 Annexure A4: True copy of the representation dated 24.09.2025 submitted by the applicant to the 2nd Respondent Annexure A5: True copy of the order dated 29.06.2023 in O.A. No. 181/297/2023 passed by this Hon'ble Tribunal Annexure R1(a): True copy of of the Draft Transfer Policy F. No. 12/03/ 2012- Services dated 22.02.2012 Annexure R1(b): True copy of the General Diary Abstract dated 25.09.2025 Annexure R1(c): True copy of F.No. 5/42/2024-KVT/PS dated 24.09.2025 Annexure R1(d): True copy of transfer order F.No.1/9/2015-Estt(Pol) dated 06.12.2015 Annexure R1(e): True copy of transfer order F.No.1/11/2009-Estt(Pol)/ 2413 dated 05.09.2019 Annexure R1(f): True copy of transfer order F.No.1/7/2013-Estt(Pol) dated 20.03.2020 2025.11.10 DEEPA S 14:00:12 +05'30' O.A.No.453/2025 12 Annexure R1(g): True copy of transfer order F.No.05/14/2019-CO/1597 dated 01.07.2021 Annexure R1(h): True copy of transfer orders F.No.1/9/2015-Estt(Pol) dated 24.07.2023 ********* 2025.11.10 DEEPA S 14:00:12 +05'30'