$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9017/2026 & CM APPL. 42288/2026 (Stay) KOMAL .....Petitioner Through: Mr. P. Sureshan, Advocate versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Anubhav Tyagi (SPC), along with Ms. Bhawna, GP and SI Kumar Gaurav and SI Rahul Sinha, CISF. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 21.07.2026 CM APPL. 42289/2026 – EXMP. FROM FILING ORIGINAL/CERTIFIED COPIES & CM APPL. 42290/2026 – EXMP. FROM FILING TRANSLATED COPIES 1. Allowed, subject to all just exceptions. 2. The applications are disposed of accordingly. W.P.(C) 9017/2026 & CM APPL. 42288/2026 (Stay) 3. Heard the respective counsels at length. 4. By consent, the petition is taken for final disposal at this stage. 5. In the writ petition, the petitioner has prayed for issuance of appropriate writ order or direction thereby quashing and setting aside the impugned service order dated 22nd June, 2026, whereby he has been transferred from present posting at CISF RTC Deoli (however, attachment duty/TD at FHQ New Delhi) to CISF Unit NLC Neyveli, in the State of Tamil Nadu. 6. The facts which lead to the filing of the present petition are as under: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:21:22 i) The petitioner and his wife both are employed with the respondents-CISF. ii) The petitioner’s wife is presently manning the post of Head Constable with the respondent/CISF and is currently posted at CISF Unit NLC Neyveli since March 2026. iii) The petitioner vide impugned transfer order dated 22nd June, 2026 was transferred to CISF Unit NLC Neyveli from RTC Deoli. iv) The petitioner got promoted to the post of Sub-Inspector in December 2025, and was even posted in Deoli, and was thereafter, placed on attachment duty at the Training Sector Headquarters, Force Headquarters, Force Headquarters, New Delhi by Movement Order dated 05.01.2026. v) Both the petitioner and his wife are blessed with two issues (a boy and a girl), who had already taken admission in a school in New Delhi. 7. In this background, the learned counsel for the petitioner while questioning the impugned transfer order would urge that the petitioner, in view of his kids taking admission in New Delhi, be permitted to continue for the present academic session, i.e., till 31st March, 2027, at Deoli. He would claim that the impugned transfer order is without there being any option invited qua the transfer of the petitioner. It is further urged that even after the promotion of the petitioner in December 2025 to the post of Sub-Inspector, he has a fixed tenure of three years. The said tenure is yet to expire. Apart from above, he has relied on clause-3.2 (Married Working Couple Cases) of the directions/Circular issued by the respondents qua the transfer and posting This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:21:22 so as to claim that the petitioner and his wife never jointly requested for posting at the same place. 8. In the aforesaid background, he would urge that in a similar eventuality, the Apex Court has shown indulgence in the matter of Director of School Education Madras and Ors. v. O. Karuppa Thevan, reported in 1994 SCC Supl. (2) 666, thereby keeping the transfer order in abeyance till the next academic sessions. 9. As against the above, the learned counsel for the respondents has drawn support from the following judgments: i) Union of India v. Janardhan Debanath, (2004) 4 SCC 245; ii) Public Services Tribunal Bar Association v. State of U.P., (2003) 4 SCC 104; iii) Ali Mohammed v. Director General, CISF & Ors., W.P. (C) No. 5137/2023 decided on 26th February, 2024. iv) Jaibir Singh v. Director General, CISF & Ors., 2023 SCC OnLine Del 3744; v) ASI(M) Sadhna v. Union of India & Ors., W.P.(C) No. 16323/2025, decided on 28th October, 2025. 10. Learned counsel for the respondents claims that the transfer is an incident of service and for the administrative cause, the services of the petitioner can be transferred through the territory of India, or even for that purpose, in the foreign country. It is urged that the posting at Delhi given to the petitioner is a temporary one, post his promotion, and considering that petitioner’s wife is in the service of CISF, and is given posting at the very same place where his wife is posted. The further contentions are that the petitioner’s children are studying in Delhi whereas he is posted in Deoli, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:21:22 which is situated in the State of Rajasthan and as such, there is no ground for the petitioner to agitate his present posting order. 11. Having considered the aforesaid submissions, we are of the view that in the present case, a limited interference is called for, for the following reasons: - a) The petitioner has already got his children admitted in Delhi, thereby spending sufficient time, and even if he is posted at Deoli, Rajasthan, the factum is that the same is closely located to the place of study of his children. b) Apart from above, the factum is that the posting of the petitioner is without there being any option called from him qua the place of posting, and also, there exist an absence of joint request by the petitioner and his wife to be posted at the same place. 12. Be that as it may, we are of the view that the petitioner should be allowed to continue to work at the present place of posting till the ensuing academic session. 13. That being so, on the instructions, a statement is made by the learned counsel for the petitioner that he shall be relieved from the present place of posting on 31st March, 2027, and shall act on the transfer order thereby, immediately joining at NLC Neyvali. The said statement is accepted as an undertaking to this Court. We further record that the petitioner shall not make any grievance about the said transfer and posting. 14. With the above observations and liberty, we deem it appropriate to allow the petition in the above terms. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:21:22 15. Pending application(s), if any, also stands disposed of. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J JULY 21, 2026/bsr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:21:22