Subha.P vs Union Of India on 4 March, 2025

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Kerala High Court

Subha.P vs Union Of India on 4 March, 2025

The appellant, who is the petitioner in WP(C) No.33661 of 2024, filed this writ appeal under Section 5(i) of Kerala High Court Act, 1958, challenging the judgment dated 31.01.2025 passed by the learned Single Judge, whereby the writ petition filed by the appellant under Article 226 of the Constitution of India, challenging Ext.P4 order issued by BSF Head Quarters de- attaching her from Station Head Quarters (SHQ in short), Border Security Force (BSF in short) Thiruvananthapuram to 184 Battalion of BSF stationed at Mizoram, with immediate effect, was dismissed.

2. The appellant was appointed in the BSF as Assistant Sub Inspector (Pharmacist) in the year 2009. She served in the North- Eastern part of the nation. In the year 2021, she was posted in 184 Battalion BSF stationed at Mizoram. While so, she was attached with SHQ Thiruvananthapuram as per Ext.P1 order dated 23.04.2021 of BSF Medical Directorate, New Delhi. She joined SHQ BSF Thiruvananthapuram on 24.08.2021. According to her, WA NO. 348 OF 2025 4 2025:KER:17564 as per Ext.P2 transfer policy dated 05.04.1999 issued by the 2 nd respondent-Director General, her tenure is up to 24.08.2025. While she was serving at Thiruvananthapuram, the Commandant sent communications dated 23.08.2024 and 04.09.2024 to BSF SHQ to de-attach her. Accordingly, as per Ext.P4 she was ordered to be de-attached with immediate effect. She further pleaded in the writ petition that she with her son is residing in the BSF SHQ Thiruvananthapuram. Her son is a Plus One student at BNV VHSS, Thiruvallam, Thiruvananthapuram, in the academic year 2024-25, in Kerala Syllabus. The marital relationship of the appellant with her husband is not on cordial terms and therefore, she is looking after the affairs of her son as a single parent. The child was forced to be with the appellant at her place of posting all these years. When she got a tenure posting, the child was admitted to the State Syllabus, so that she could encourage him to learn along with the local students. In the writ petition, the appellant raised some allegations against her higher officials stating that she was subjected to caste discrimination and other harassments and as a part of a larger conspiracy, she was de-attached from the SHQ WA NO. 348 OF 2025 5 2025:KER:17564 BSF at Thiruvananthapuram. Hence the appellant approached this Court with the writ petition, seeking a declaration that she is eligible to be retained at SHQ BSF Thiruvananthapuram, till completion of her normal tenure of four years; a writ of certiorari to quash Ext.P4 order issued by the 2nd respondent and other ancillary reliefs. After considering the pleadings and materials on record and the submissions made at the Bar, the learned Single Judge dismissed the writ petition which resulted in filing of the above appeal.

3. Heard the learned counsel for the appellant and the learned Deputy Solicitor General of India.

4. The learned counsel for the appellant submitted that the appellant is a single parent who has been working at BSF SHQ at Thiruvananthapuram from the year 2021 with her only son who is studying for Plus One in a school at Thiruvananthapuram in Kerala Syllabus. The examination of the child will be over by the end of March 2025. If the appellant was de-attached from the BSF Head Quarters at Thiruvananthapuram, at this fag end of the academic year, it will affect the future of her child. Due to some personal WA NO. 348 OF 2025 6 2025:KER:17564 grudge nurtured by the higher officials, the appellant was asked to move to Mizoram. The transfer of the appellant to a distant place is vitiated by official mala fides, since she has been shunted out without any reason and without proper application of mind. The learned counsel pointed out Ext.A5 judgment dated 13.01.2025 passed by the learned Single judge in WP(C) No.1522 of 2024 wherein a lady Head Constable attached with 131 Battalion, Calicut was granted time up to 31.03.2025 to join her transferred place at Meghalaya, considering the fact that her younger child studying in class IX will complete the academic session by said date.

5. On the other hand, the learned Deputy Solicitor General of India argued that the appellant was given attachment at SHQ BSF Thiruvananthapuram on her request. She remained there for almost four years. The tenure of four years as provided for static location under Ext.P2 transfer policy is not applicable in all circumstances. Now a new Pharmacist is appointed at Thiruvananthapuram. At the same time, no sufficient number of pharmacists are available in the interior places of Mizoram, where WA NO. 348 OF 2025 7 2025:KER:17564 the BSF personnel were deployed on border security. Hence the service of the appellant is highly necessary at Mizoram. There is no mala fides in Ext.P4 order of de-attachment.

6. The impugned judgment would show that the learned Single Judge considered the rival submissions of the learned counsel for the appellant as well as the learned Deputy Solicitor General of India in detail and found that there is no violation of transfer policy or mala fides in Ext.P4 order of de-attachment of the appellant from the SHQ BSF Thiruvananthapuram. It was at her request, the appellant was attached to the SHQ BSF Thiruvananthapuram. When circumstances necessitated, she was ordered to be de-attached and directed to join at the place of her initial joining on duty. It is trite that unless the order of transfer is vitiated by statutory violation or tainted due to mala fides, the courts loathe to interfere. In this case, the appellant could not produce materials which substantiate any such statutory violation or mala fides in Ext.P4 order, though she alleges otherwise. Moreover, EXt.P4 order cannot be said strictly as an order of transfer, since the petitioner was sent back to her original posting WA NO. 348 OF 2025 8 2025:KER:17564 station, i.e., 184 battalion BSF stationed at Mizoram, after de- attaching her from SHQ. In such circumstances, we find no sufficient ground to interfere with Ext.P4 order whereby the appellant was de-attached from SHQ BSF Thiruvananthapuram to 184 Battalion BSF stationed at Mizoram.

7. At this juncture, the learned counsel for the appellant submitted that the appellant undertakes to join the transferred place at Mizoram on or before 31.03.2025, since the Plus One examinations of her only dependent son will be over by the said date.

8. The place where an employee has to be placed during his/her service period for the best interest of the institution, can be decided by that institution alone, taking into consideration of the manpower required in different places and other circumstances. In the instant case, according to the respondents, the service of the appellant is required more in Mizoram than in SHQ, Thiruvananthapuram, since another person is already posted at SHQ, Thiruvananthapuram, and whereas there is shortage of trained hands at Mizoram. Whether the petitioner can be WA NO. 348 OF 2025 9 2025:KER:17564 permitted to continue at Thiruvananthapuram till the end of March, 2025 is a matter that can be decided by the respondents alone. Granting such time, by the Court exercising jurisdiction under Article 226 of the Constitution of India, without considering the necessities of the institution concerned will adversely affect the smooth administration of the institution.

Having considered the pleadings and materials on record and the submissions made at the Bar, we find no sufficient ground to interfere with the impugned judgment of the learned Single Judge.

In the result, the writ appeal stands dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

 WA NO. 348 OF 2025              10               2025:KER:17564



                     APPENDIX OF WA 348/2025

APPELLANT'S ANNEXURES :

Annexure A1. TRUE COPY OF THE INTERIM ORDER DATED 25.09.2024 IN WP NO.33661/2024 ISSUED BY THIS HON'BLE HIGH COURT.

Annexure A2. TRUE COPY OF THE COURSE CERTIFICATE DATED 25.09.2024 ISSUED BY THE BNV VOCATIONAL & HIGHER SECONDARY SCHOOL TIRUVALLAM, THIRUVANATHAPURAM KERALA IN RESPECT OF THE SON OF THE PETITIONER MASTER ANAND S Annexure A3. A TRUE COPY OF THE ORDER DATED 27.11.2024 ISSUED BY THE 3RD RESPONDENT Annexure A4. A TRUE COPY OF THE RELEVANT PAGES OF GOVT OF KERALA NOTIFICATION 2025 PUBLISHED BY DIRECTORATE OF GENERAL EDUCATION, HIGHER SECONDARY WING, FOR CONDUCT IF 1ST AND 2ND YEAR HIGHER SECONDARY EXAMINATION MARCH 2025 (EXAM TIME TABLE FOR THE YEAR 2025) Annexure A5. TRUE COPY OF THE JUDGMENT DATED 13.01.2025 OF THIS HON'BLE HIGH COURT IN WP(C).

NO.1522/2024 (SONY V.M VS UNION OF INDIA AND ORS) PASSED BY THE LEARNED SINGLE JUDGE

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