Punjab and Haryana High Court Clarifies Spouse Posting Guidelines
The Punjab and Haryana High Court has delivered a significant ruling, stating that transfer guidelines related to spouse postings do not possess statutory force and do not establish an enforceable legal right for employees. The court emphasized that these guidelines are merely directory in nature, designed to guide administrative discretion rather than mandate specific outcomes.
Court Dismisses CISF Constable's Plea
Justice Sandeep Moudgil, while dismissing the petition of a Central Industrial Security Force (CISF) constable with nearly 16 years of service, articulated a clear stance on the matter. "While spouse-posting guidelines may be considered by the administration, the ultimate decision must rest on administrative exigencies, and courts should not interfere merely because such guidelines were not acceded to," Justice Moudgil stated.
The case involved Gurjit Singh, a CISF constable who had been posted at the Punjab and Haryana civil secretariat in Chandigarh since 2021. He challenged his transfer in October 2024 to the CISF unit at the Rajiv Gandhi Thermal Power Project in Khedar, Hisar. Singh argued that his situation fell under the Government of India's "couple case" policy, as his wife is employed as a clerk in the Punjab government and posted in Mohali, near Chandigarh.
Administrative Discretion Over Guidelines
Singh further contended that the CISF director-general's rejection of his representation through a brief order stating "not acceded to" was arbitrary and non-speaking. However, the court rejected this argument, upholding the administration's prerogative in transfer decisions.
In his detailed orders, Justice Moudgil highlighted that every member of the force is deemed to be always on duty and liable to be deployed or transferred to any place within or outside India. "Persons who voluntarily enter such disciplined forces do so with full knowledge of these service conditions. Posting at a particular station cannot, therefore, be claimed as a matter of right, nor can the court sit as an appellate authority over transfer decisions taken by the competent authority," the bench ordered.
Nature of Disciplined Forces
The court further observed that the CISF is a Central Armed Police Force with an all-India character, entrusted with securing vital installations across the country, including in sensitive and remote areas. This national responsibility necessitates flexibility in deployment and transfer decisions.
Reiterating that posting at a specific station cannot be claimed as a right by members of disciplined forces, the court noted that individuals who voluntarily join such forces do so with full awareness of these conditions. The bench emphasized that judicial interference in transfer matters involving armed or uniformed forces must be "extremely slow" and limited to exceptional cases only.
This ruling reinforces the principle that while administrative guidelines may provide framework considerations, they do not override operational necessities and administrative discretion in disciplined forces like the CISF.
