- 1 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15235 OF 2024 (S-TR) BETWEEN: DR. SRINIVASA GOWDA N S/O LATE NANJUNDA GOWDA AGED ABOUT 44 YEARS R/AT DALASANUR VILLAGE AND POST SRINIVASAPUR TALUK KOLAR DISTRICT 563126 WORKING AS SECOND IN COMMAND MEDICAL COMPOSITE HOSPITAL (UID NO 11220962) SASHSTRA SEEMA BAL SSB, GENERAL DUTY MEDICAL OFFICER WITH POST GRADUATION QUALIFICATION MS OPTHALMOLOGY GORAKHPUR UTTAR PRADESH 273001 …PETITIONER (BY SRI. RAJESH GOWDA., ADVOCATE) AND: 1. HOME SECRETARY UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI 110001. 2. THE ADDITIONAL DIRECTOR GENERAL MEDICAL (CAPFS, NS AND AR) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 WEST BLOCK 1 LEVEL 2 WING 3 R K PURAM, NEW DELHI-110066. 3. THE DIRECTOR GENERAL FORCE HEAD QUARTER SASHASTRA SEEMA BAL MINISTRY OF HOME AFFAIRS R K PURAM, NEW DELHI-110066. …RESPONDENTS (BY SRI. K ARAVIND KAMATH, ASGI ALONG WITH SMT. ANUPAMA HEGDE., ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER QUASH THE ORDER DATED:21.03.2024 VIDE NO. 14/SSB/PERS- I/2010(32)/3410-13 PASSED BY THE R-3 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 21.03.2024 passed by respondent No.3 vide Annexure-A, whereby the request of the petitioner for transfer to Bangalore from SSB Unit, Gorakhpur, U.P., has been dismissed. 2. The case of the petitioner is that he was appointed as Assistant Commandant (Medical) on 20.07.2010 at 26th Battalion, SSB, Pilibhit, Uttarpradesh. He has rendered services at various places. Subsequently, he has been promoted as Second in-Command (Medical), SSB, Gorakhpur, Uttarpradesh. The petitioner’s wife, Smt.Nethravathi.R.N., is working as an Assistant Master at Government Pre-University College, Bangalore. As per the Official Memorandum dated 30.09.2009 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New - 4 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 Delhi vide Annexure-H, regarding posting of husband and wife at the same station, there is a provision under clause 4(vii) that ‘where one spouse is employed under the Central Government and the other spouse is employed under the State Government:- the spouse employed under the Central Government may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted’. Earlier, the petitioner had submitted a representation dated 16.11.2023 and the same had not been considered. Hence, he had approached this Court in W.P.No.1696/2024. This Court by order dated 30.01.2024 directed the respondent No.3 to consider the representation of the petitioner in terms of the Official Memorandum dated 30.09.2009. Accordingly, the respondent has considered the representation and issued the impugned order vide Annexure-A, wherein the request of the petitioner for transfer has been - 5 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 rejected. Hence, the petitioner is before this Court in this writ petition. 3. The learned counsel for the petitioner has contended that even though the petitioner is working at 26th Battalion, SSB Unit, U.P., it is permissible that he can be transferred to any other Units such as CAPFs, NSG, SSB & ARs. Without considering this aspect of the matter, the request of the petitioner has been rejected on the ground that there is no post in SSB Unit in Bangalore as well as in Karnataka State. Hence, he sought for allowing the writ petition. 4. The learned ASGI appearing for the respondents submitted that the petitioner was granted 3 years study leave from 2018 to 2021 for pursuing his PG Degree in Opthalmology. As per the policy guidelines for pursuing PG Courses, which is produced as Annexure-R-13, it is very clear that the concerned Officer shall execute a - 6 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 bond to serve in respective CAPF for a period of 5 years after having completed the course. Before the completion of the said 5 years period, which is going to be completed in October 2026, the petitioner cannot seek for transfer from one Unit to another. Therefore, the request of the petitioner for transfer has been rightly rejected vide impugned order. Hence, sought for dismissal of the writ petition. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. It is not in dispute that the petitioner was appointed as Assistant Commandant (Medical) on 20.07.2010 in SSB, Uttarpradesh and was subsequently, promoted to the rank of Second in-Commandant (Medical), Ghorakpur, U.P. It is also not in dispute that the petitioner’s wife is working as Assistant Master at Government Pre-University College, Bangalore. As per - 7 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 the Official Memorandum dated 30.09.2009 issued by the respondent authority, there is a provision under clause 4(vii) ‘where one spouse is employed under the Central Government and the other spouse is employed under the State Government:- the spouse employed under the Central Government may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted’. Accordingly, the petitioner had filed a representation dated 16.11.2023 seeking transfer from Uttarpradesh to Bangalore. 7. It is also not in dispute that the petitioner has pursued his PG Course in Opthalmology by availing study leave during 2018-2021. The respondents have produced the policy guidelines for pursuing PG courses/short term courses and fellowship/super specialty courses by the general duty medical - 8 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 officers/dental surgeons/specialist doctors of CAPFs & ARs and grant of study leave at Annexure-R13 dated 29.12.2012. As per clause A(g)(iv), it is very clear that even though Official Memorandum dated 30.09.2009 permits to seek for transfer on the spouse ground, in case of employees, who had availed study leave to pursue PG course, as per the policy guidelines, they have to serve at respective CAPF for a period of 5 years. Therefore, the petitioner case has been rejected. However, the petitioner’s period of 5 years at the Unit will be completed on 11.10.2026. 8. The main grievance of the petitioner is that his son is studying in 10th Std and daughter is studying in 8th Std and they have to be given personal attention at this adolescent age. 9. Therefore, considering the facts and circumstances of the case, the petitioner is permitted to submit a fresh - 9 - HC-KAR NC: 2025:KHC:21810 WP No. 15235 of 2024 representation enclosing all the necessary documents to the competent authority. Thereafter, the competent authority is directed to consider the same in accordance with law keeping in view that the children of the petitioner are minors and studying in 10th and 8th Std respectively and also keeping in mind that 5 years of service of the petitioner at SSB Unit, U.P., will be completed on 11.10.2026, as per the policy guidelines for pursuing PG course. 10. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 58