Kerala High Court
Subha.P vs Union Of India on 31 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:11318
WP(C) NO. 33661 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 33661 OF 2024
PETITIONER/S:
SUBHA.P
AGED 42 YEARS
WIFE OF SAJAN P, NO.090075519, ASSISTANT SUB INSPECTOR
PHARMACIST/BSF, SHQ TRIVANDRUM RESIDING AT TYPE-III QTR
NO.07, FIRST FLOOR, SHQ BSF TRIVANDRUM, MUTTATHARA PO,
THIRUVANANTHAPURAM, KERALA, PIN - 695009
BY ADVS.
T.SANJAY
SANIL KUMAR G.
ARDHRA KRISHNA
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NORTH BLOCK,NEW DELHI,, PIN - 110001
2 THE DIRECTOR GENERAL
BOARDER SECURITY FORCE, BSF HEAD QUARTERS, CGO COMPLEX,
LODHI ROAD NEW DELHI,, PIN - 110003
3 THE INSPECTOR GENERAL/DIRECTOR(MEDICAL),
FHQ BSF (MEDICAL DIRECTORATE), R.K.PURAM, SECTOR-I, NEW
DELHI-, PIN - 110066
4 THE INSPECTOR GENERAL,
BORDER SECURITY FORCE, FTR HEAD QUARTERS, YELAHANKA
BANGALORE, KARNATAKA, PIN - 560064
5 THE DEPUTY INSPECTOR GENERAL/BSF,
2025:KER:11318
WP(C) NO. 33661 OF 2024
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SHQ, THIRUVANANTHAPURAM, VALLAKKADAV P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695008
OTHER PRESENT:
CGC-DAYA SINDHU SREEHARI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:11318
WP(C) NO. 33661 OF 2024
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JUDGMENT
The petitioner was appointed in Border Security Force(BSF) as an Assistant Sub Inspector (Pharmacist) in the year 2009. The petitioner, on her request, attached to the Station Headquarters (SHQ), Thiruvananthapuram, vide the order dated 23.04.2021. The petitioner had made vide application dated 23.09.2020 for her attachment either in SHQ BSF Thiruvananthapuram or at Thrissur on the ground that her son, then in Class-VIII standard, would be able to complete his High school and she would be able to peacefully with her husband complete her tenure, who is employed in State Government. Although, the petitioner was attached with SHQ BSF, but her parent unit/posting remained with 184 Battalion BSF. Subsequently, in the month of November 2022, the 184 Bn BSF moved out from Calicut to Melteram Mizoram during the annual changeover of BSF Bns in 2022. However, the petitioner continued on attachment at SHQ BSF, Thiruvananthapuram. The petitioner is now has been de- attached from the SHQ, Thiruvananthapuram and has been 2025:KER:11318 WP(C) NO. 33661 OF 2024 4 directed to join 184 Bn BSF moved out from Calicut (Kerala) to Melteram Mizoram. The petitioner has challenged this order in this present writ petition.
2. The learned counsel for the petitioner submits that the petitioner's de-attachment from the SHQ is against Ext.P2 BSF transfer policy. It is further submitted that the petitioner's son is studying at B.N.V.V HSS Thiruvallam, Thiruvananthapuram for Plus One in the academic year 2024-2025 (Kerala Syllabus). The marital relationship of the petitioner is not cordial, and therefore, the son of the petitioner is staying with her. It is therefore submitted that the de-attachment order of the petitioner in Ext.P4 be quashed as it is against the transfer policy in Ext.P2.
3.Mr. Daya Sindhu Shreehari, the learned Central Government counsel, has submitted that the petitioner was given an attachment on her request at SHQ, Thiruvananthapuram. She has remained there for almost four years. The four-year tenure as provided for static location under Ext.P2 policy is not applicable in all circumstances. The petitioner's services are more required in North-east than in Thiruvananthapuram. The 2025:KER:11318 WP(C) NO. 33661 OF 2024 5 learned Central Government counsel further submits that the other person has already joined at the petitioner's place.
4.I have considered the submissions advanced by the learned counsel for the petitioner and the learned Central Government counsel.
5.The petitioner's representation against her de-attachment from SHQ, Thiruvananthapuram and her deployment in her parent Battalion, 184 (Bn BSF) has been disposed of vide the order dated 27.11.2024 passed by IG / Director (Medical) FHQ BSF, Medical Director New Delhi. The order dated 27.11.2024 has set out all the facts and the circumstances under which the petitioner was attached on her request from 184 BSF Bn, Calicut to SHQ BSF, Thiruvananthapuram vide the order dated 23.04.2021 and though the Battalion to which the petitioner belongs moved out from Calicut to Melteram (Mizoram) during the changeover of the BSF Battalions 2022, the petitioner continued on attachment with SHQ BSF, Thiruvananthapuram.
6.In the month of May 2024, the FHQ BSF M&C under which 184 Battalion was deployed, vide the order dated 2025:KER:11318 WP(C) NO. 33661 OF 2024 6 01.05.2024 requested the FHQ BSF (Medical Directorate) to issue an order for de-attachment of the petitioner and further directed the concerned Quarter to relieve the petitioner immediately as 184 Battalion BSF and its Border Out Posts (BOPs) were deployed in very remote area in Mizoram State, where the medical facility is not available and therefore, services of Para-Medical Staff and Nursing Assistant were very much essential to provide immediate Medicare to the troops. However, at that time, SHQ, Thiruvananthapuram did not have any other pharmacist to relieve the petitioner. Later on, SI (PH) Justin John and Dr. Ammu Sreekumar, AC (MO) were posted to SHQ, Thiruvananthapuram, as Para-Medical/ Medical Staff, and they joined on 23.05.2024 and 31.07.2024, respectively.
7.The SHQ, BSF, Thiruvananthapuram, intimated on 23.08.2024 and 04.09.2024 that the petitioner's tenure has been completed in their sector. One pharmacist has already been posted at SHQ, Thiruvananthapuram, and the petitioner will be de-attached from the SHQ, Thiruvananthapuram.
8. The order dated 27.11.2024 would also suggest that 2025:KER:11318 WP(C) NO. 33661 OF 2024 7 although the tenure at a static location in respect of the Para- Medical Staff is four years, as per GSR-100 Border Security Force (Tenure of posting and Deputation) Rules 2000, the maximum tenure in a Frontier is 06 years. The petitioner had already completed her tenure of 06 years under the FHQ (Special Operations) Bangalore on 30.06.2024.
9.The de-attachment order issued by the FHQ BSF (Medical Directorate) would read as under:-
"As approved by the competent authority, No. 090075519 ASI/Ph Subha P of 184 Bn BSF attached with SHQ BSF TVM w.e.f. 23.04.2021 on functional requirement basis vide this Dte Sig No. A/17-18 dated 23.04.2021 is hereby de-attached from SHQ BSF TVM to 1841 Bn BSF with immediate effect. Request relieve above individual for 184 Br. BSF by 27.09.2024 positively and render compliance to all concerned accordingly."
10.The BSF is primarily a Border Guarding Force and is deployed all along the International Borders of the country. Posting/transfer of the members of the force is governed as per the provisions contained in BSF (Tenure of Posting and Deputation) Rules 2000 as amended from time to time. These Rules have been framed in exercise of the powers conferred by Clause (a) of subsection 141 of the Border Security Force Act. Against the normal tenure of four years at a static location, the 2025:KER:11318 WP(C) NO. 33661 OF 2024 8 petitioner completed 6 years of tenure under FHQ (Special Operations) Bangalore on 30.06.2024. The petitioner's attachment to the SHQ on request cannot be considered as transfer and posting as alleged in the writ petition. The record suggests that the petitioner has only one child, and her son is presently in 11th standard. As per the guidelines issued by the BSF dated 18.05.2010, 'an officer with school-going children or whose wards are to be appear in Board Examination (12 th Std) may not be disturbed in the middle of the academic session as far as possible'.
11. As the petitioner's child is in 11th standard, but the policy for retention is only for the child who is studying in 12th standard, therefore, the petitioner cannot remain on attachment at SHQ, Thiruvananthapuram. The petitioner claimed that she has not completed her normal tenure of four years at SHQ BSF, Thiruvananthapuram has no merit as the petitioner remained at a static location for more than 6 years, and the attachment to SHQ, Thiruvananthapuram is not her posting as per BSF(tenure of posting and deputation)Rules 2000.
2025:KER:11318 WP(C) NO. 33661 OF 2024 9 In view thereof, I do not find any substance in this writ petition which is hereby dismissed.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:11318 WP(C) NO. 33661 OF 2024 10 APPENDIX OF WP(C) 33661/2024 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE ORDER DATED 23.04.2021 OF BSF MEDICAL DIRECTORATE NEW DELHI Exhibit -P2 TYPED COPY OF THE RELEVANT PAGES OF BSF TRANSFER POLICY DATED 05.04.1999 ISSUED BY THE 2ND RESPONDENT Exhibit -P3 A TRUE COPY OF THE TEMPORARY IDENTITY CARD OF MASTER ANAND S SYAM, ISSUED BY B.N.V.V HSS THIRUVALLAM IN RESPECT OF THE SON OF THE PETITIONER Exhibit -P4 A TRUE COPY OF BSF HEAD QUARTERS SIGNAL NO.A/1744 Exhibit -P5 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 23.09.2024 ISSUED BY AC BSF STN HQRS TRIVANDRUM Exhibit -P6 A TRUE COPY OF THE REPRESENTATION DATED 24.09.2024 PREFERRED BY THE PETITIONER ADDRESSED TO THE 3RD RESPONDENT DG BSF