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Const. Satendra Kumar & Ors vs Union Of India & Anr on 6 October, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~VC-7 & 8
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   W.P. (C) 6250/2019

       CONST. SATENDRA KUMAR & ORS.           ..... Petitioners
                    Through: Mr. R.K. Singh, Mr. Kumar Gaurav
                             & Ms. Ritu Renwal, Advocates.

                               Versus

       UNION OF INDIA & ANR.                               ..... Respondents
                     Through:            Ms. Shipra Shukla, Advocate.

                                        AND

+      W.P. (C) 2916/2020, C.M. Appl. Nos.10134/2020 (of the petitioners
       seeking ad-interim, ex-parte stay of the impugned order dated 27th
       February, 2020) & 10376/2020 (of the petitioners for urgent listing of
       the writ petition)

       AMRISH KUMAR & ORS.                                ..... Petitioners
                   Through:              Mr. Amit Dubey, Mr. Rajiv Ahuja &
                                         Mr. Dilip Kumar Rana, Advocates.
                     Versus
       UNION OF INDIA                                     ..... Respondent
                     Through:            Mr. Rajan Sabharwal & Mr. Raghav
                                         Sabharwal, Advocates.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
       HON'BLE MS. JUSTICE ASHA MENON

                    ORDER

       %            06.10.2020
       [VIA VIDEO CONFERENCING]

1. Challenge in both these petitions is to the order of cancellation of the transfer of both the petitioners, to Delhi, on account of wives of both the petitioners being posted at Delhi.

2. Pleadings have been completed and we have heard the counsels.

3. The petitioners in both the petitions are employed as Constables with the Railway Protection Force (RPF) and their wives are in Railway Protection Special Force (RPSF).

4. It is the case of the petitioners, (i) that both sets of husbands and wives are employed in Railways; (ii) that the policy of the Railways encourages both spouses, if employed with the Railways and if of the same seniority, to be posted at the same place; (iii) that though the petitioners and their wives are in different forces i.e. RPF and RPSF but both are Constables, recruited in the same year and thus have the same seniority; (iv) that their wives though headquartered at Asansol are posted at Delhi; (v) the contention, that the petitioners are entitled to be posted at Asansol but not at Delhi, is fallacious, because if the wives of the petitioners are at Delhi, posting the petitioners to Asansol will not serve any purpose; and, (vi) though a common transfer order with respect to 18 personnel was passed but cancellation has been effected of 5 only and the order of transfer of the remaining 13 stands valid, though they are similarly placed as the 5 whose transfer orders have been cancelled.

5. Though opportunity has been given to the counsels for the respondents to argue and we have also heard Mr. Dev Raj Kumar Maurya Senior Commanding Officer, RPSF but he is not able to give any satisfactory answer. A responsible officer of the Railways in the W.P. (C) Nos. 6250/2019 & 2916/2020 Page 2 of 3 know of the policies involved and the facts of the petitioners and their wives to remain present during the next hearing.

6. List on 13th October, 2020.

RAJIV SAHAI ENDLAW, J ASHA MENON, J OCTOBER 06, 2020 ck W.P. (C) Nos. 6250/2019 & 2916/2020 Page 3 of 3