WP(C) Nos.14412/2022 & 15177/2022 – Jessy Baiju v Union of India; Baiju Kurian.V v Union of India
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Justice Anu Sivaraman
- Judgment Date
- 2022-07-08
- Court Decision / Holding
- These writ petitions fail and the same are, accordingly, dismissed.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- Jessy Baiju
- Baiju Kurian.V
Respondents
- Union of India
- Director General/Central Industrial Security Force (CISF) HQ, CGO Complex, Lodhi Road, New Delhi
- Inspector General/CISF, South Sector Head Quarters, Chennai
- Deputy Inspector General/CISF, CISF South Zone Head Quarters, Chennai
- Commandant, CISF Group Headquarters, Kakkanad, Kochi, Kerala
- Deputy Commandant, CISF BPCL-KR, Irumpanam P.O., Ernakulam, Kerala
Legal Representation & Advocates
Counsels for Petitioners
- • T. Sanjay
- • Sanil Kumar G.
- • Midhun R.
- • K.S. Prenjith Kumar
Counsels for Respondents
- • S. Manu
- • Manu S.
Case Synopsis & Summary
These consolidated writ petitions challenge transfer orders affecting CISF personnel posted at BPCL-KR Cochin, challenging administrative transfers to Neyveli. In WP(C) No.14412/2022, Jessy Baiju, a Lady Inspector/Executive, contends the transfer to Neyveli is unjustified since her husband is posted at BPCL Cochin and she has not completed her normal three-year tenure; she notes she has been shuffled across five stations in four states since 2015 and argues health grounds were not adequately considered. She questions Ext.P8 (the rejection of her representation dated 13.06.2022) and seeks relief compelling a reconsideration. In WP(C) No.15177/2022, Baiju Kurian.V, the petitioner in that matter (husband of the first petitioner), challenges the transfer of his wife to Neyveli on the ground that premature relocation would affect care for his mother and brother, and that there is no urgent service requirement justifying the transfer; he argues that the rare home stay should be preserved where possible. The government, through ASGI, submits that the representation was sympathetically considered and the transfers are routine administrative actions. It relies on precedents that constitutional courts should refrain from interfering in transfers in public interest unless mala fide or statutory violations are shown, and notes that transfer guidelines are non-statutory. The court ultimately holds that it cannot interfere in routine transfers and the petitions are dismissed, emphasizing administrative exigencies over personal preferences.
Legal Doctrines & Maxims
- Principle of non-interference of constitutional courts in routine administrative transfers in the absence of mala fide or violation of statutory rules
- Administrative exigency as a basis for transfer decisions in uniformed services
Submissions & Arguments
Contentions of Appellants / Petitioners
WP(C) 14412/2022: The petitioner argued that the transfer to CISF Neyveli is unwarranted as her husband is posted at BPCL Cochin, and she has not completed the normal three-year tenure. She has been shifted to five stations in four states since 2015 and health grounds were not considered. She challenges Ext.P8 (the rejection of her representation) and asserts that transfer guidelines are non-statutory. WP(C) 15177/2022: The husband challenges the transfer of his wife, arguing that premature relocation would affect care for his mother and brother and that there is no imperative service requirement justifying the transfer; he contends the “rare home stay” tenure should be protected.
Contentions of Respondents
The respondents contend that transfers of CISF personnel are routine administrative actions in public interest. The ASGI states the petitioner’s representation was sympathetically considered and that the contentions were addressed; the transfer of the petitioner's husband to Neyveli is cited as being for administrative reasons. Relying on Major General J.K. Bansal v. Union of India (and others), the respondents argue that constitutional courts should not interfere with transfer orders unless there is mala fide or violation of mandatory statutory rules; the guidelines governing transfers are non-statutory.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Mini K.T. v. Senior Manager, LIC | 2018 (1) KHC 307 | Mentioned Only | Cited in passing as a precedent; not central to the decision. |
| Justice K.S. Puttaswamy (Retd.) v. Union of India | 2017 (4) KLT 1 | Mentioned Only | Cited in context of constitutional principles; not directly applied to grant relief. |
| Major General J.K.Bansal v. Union of India and others | (2005) 7 SCC 227 | Positive | Cited to support the proposition that constitutional courts should not interfere with transfer orders made in public interest and administrative reasons, unless mala fide or statutory violation. |
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