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Showing contexts for: Rpsf in B.L. Bishnoi vs Union Of India And Ors. on 12 February, 2016Matching Fragments
6. Learned Senior Counsel for the writ petitioners, Ms. Jyoti Singh argued that all the inter-zonal transfers are in violation of Para 17(B)(c) of the SO-70 dated 27.9.2004 which clearly stipulates that transfers shall be made only to direct recruitment posts. It is pointed out by the petitioners that the post of Inspector is filled completely by promotion and hence, such transfers are illegal. The said Para is reproduced below -
"17A All RPF personnel shall be eligible for inter-zonal transfer after completion of 10 years of service in a particular zone. However, RPSF personnel shall be eligible for transfer to RPF W.P.(C) 4476/2007 Page 4 after completion of 20 years in RPSF. The following guidelines shall be followed in cases of inter-zonal transfers-
a) The total length of service in the RPSF or the Zone will be the criteria for considering the applications of personnel for inter- zonal transfers (including transfers from RPSF to RPF)
b) Once an individual is transferred from the RPSF to the Zonal Railway of his choice, he will not be allowed to seek further inter-zonal transfer. Similarly, once an individual is transferred from one Zone to another, he will not be allowed to seek further inter-zonal transfer.
c) Inter-zonal transfers (including transfers from RPSF to RPF) will be effected keeping in view the vacancy position of RPSF/Zonal Railways B1. Only in very exceptional cases and in cases of extreme compassion, inter-zonal transfers will be considered before the employee completes the above stipulated tenure. The following guidelines shall be followed in dealing with such requests:
a) RPF/RPSF personnel wanting transfer must have probation in the rank
According to the above rule, it is submitted, that the Director General in question has the power to relax instructions that are contained in SO- 70. It is submitted that the orders of transfers were made by the Director General on recommendation of the Chief Security Commissioner.
19. On 05.05.2005- it is contended, in a letter, Ministry of Railways, Railway Board, New Delhi, clearly mentioned that:
W.P.(C) 4476/2007 Page 12 "There are a large number of vacancies of Inspectors/ Executive in RPSF.DG RPF has desired to examine the feasibility of filling up of these vacancies by transferring Willing Sub Inspectors/Executive with Five years of regular service in the grade from RPF to RPSF for a period of 3-4 years Willing SI/Executive pm such transfer to RPSF will be promoted as IPF/Exe on ad-hoc basis subject to their seniority cum suitability. These Sub-Inspectors shall retain their lien on their parent Railway and will be repatriated if promoted to the rank of Inspectors on their parent Railway even before expiry of their tenure in RPSF"