- 1 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34118 OF 2024 (S-RES) BETWEEN: 1. MR. D. GNANAN MUTHU AGED ABOUT 53 YEARS S/O OF DAVID 2. MR. MANJUNATHA AGED ABOUT 50 YEARS S/O OF SANGEEVAIAH 3. MR. P. GNANAM AGED ABOUT 55 YEARS S/O PAL RAJ 4. MR. A. SELVAM AGED ABOUT 53 YEARS OLD S/O AMIRTHAM 5. MR. P. KUMAR AGED ABOUT 53 YEARS S/O PALANI K 6. MR. A. PUGAZHENTHY AGED ABOUT 44 YEARS OLD S/O L. ANTHONY 7. MR. V. DEENA BANDHU AGED ABOUT 46 YEARS OLD Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 S/O OF V. BHIRAGI 8. MR. P. MAGHIMAI DASS AGED ABOUT 50 YEARS FATHERS NAME NOT KNOWN WORKING AT FRONTIER HEAD QUARTERS 9. MR. B. AROGYA SWAMI AGED ABOUT 54 YEARS FATHERS NAME NOT KNOWN 10. MR. BATHULA KASAIAH AGED ABOUT 43 YEARS OLD S/O OF RAJAIAH 11. MR. EMMANUEL ISAAC AGED ABOUT 45 YEARS S/O PAUL ISSAC 12. MR. B. SREENIVASA AGED ABOUT 46 YEARS FATHERS NAME NOT KNOWN ALL ARE WORKING AT FRONTIER HEAD QUARTERS BSF STC BANGALORE YELAHANKA, KARNATAKA - 560 064. …PETITIONERS (BY SRI. H. SUNIL KUMAR, ADVOCATE) AND: 1. THE DIRECTOR OF GENERAL BORDER SECURITY FORCE BLOCK NO. 10, CGO COMPLEX - 3 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 LODHI ROAD, NEW DELHI - 110 003. 2. THE INSPECTOR GENERAL FRONTIER HEADQUARTERS BSF STC BANGALORE, YELAHANKA, KARNATAKA - 560 064. …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI A/W SMT. M.R. SINCHANA, C.G.C. FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO QUASH THE ORDER DATED ORDER NO. 47(84)/ESTT-TRG/P AND T/ADM/BAND/FTRS/2024/25031-65 DTD. 21.11.2024 ISSUED BY THE R-1 VIDE ANNX-C IN SO FAR AS PETITIONERS ARE CONCERNED 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 S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioners seek the following reliefs- "a) Quash the order dated Order No. 47 (84) / ESTT-TRG/P&T/ADM/BAND/FTRS/2024/25031-65 dated 21.11.2024 issued by the respondent 1 vide Annexure- C insofar as petitioners are concerned; - 4 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 b) Direct the respondents to consider the representation of the petitioners dated 26-11-2024 and continue them in the same Band. c) Pass such other orders or directions as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioners, learned Deputy Solicitor General of India (DSGI) for the respondents and perused the material on record. 3. A perusal of the material on record would indicate that the petitioners have been working as Constables (Band) in the Band Platoon at STC BSF, Bangalore. 4. The petitioners are aggrieved by the impugned order at Annexure C dated 21.11.2024 issued by the respondent no.1, whereby the respondents purported to transfer the petitioners to various Frontiers all across India to perform duties other than the duty of Band Platoon. As such, the petitioners are before this court by way of the present petition. 5. It is the specific contention of the petitioners that the petitioners were appointed only to perform the duties of a - 5 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 Band Platoon and not for any other duty and as such the impugned order directing the petitioners to be transferred to different Frontiers all across India would result in the respondents calling upon the petitioners to perform duties other than the duties of a Band Platoon. 6. In the present petition, when the matter came up before this Court on 18.12.2024, the following interim order was passed- "Petitioners have called in question the correctness of the order at Annexure-C insofar as petitioners are concerned, whereby the petitioners have been placed at the disposal of FTR which in fact is an order of transfer. Several contentions have been raised by the petitioners including that transfer is effected in the middle of the Academic Year. Learned Deputy Solicitor General Sri.Shanthi Bhushan along with Smt. M.R.Sinchana submits that petitioners have no vested rights however, the matter requires stand by the respondents in writing in the interregnum. In light of submission of the learned counsel for petitioners that their representations have not been considered, representations at Annexure-A to A11 are - 6 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 directed to be considered during the pendency of the present proceedings. Needless to state, subject to such consideration, respondents not to give effect to order at Annexure-C. List the matter in the week commencing from 27.01.2025." 7. As can be seen from the aforesaid interim order, this Court directed the respondents to consider the representation of the petitioners and take appropriate decision/ pass appropriate orders. In pursuance to the aforesaid interim order, the respondents have passed speaking order produced at Annexure-K series along with an application I.A.No.1/2026 filed by the petitioners. 8. Learned counsel for the petitioners submits, on instructions, that the petitioners do not have any objections for the respondents to be transferred to any Frontiers all across India, subject to the condition that the petitioners should be called upon to perform duties only as members of a Band Platoon and not any other duties. 9. Per contra, learned DSGI would reiterate various contentions urged in the statement of objections and invited - 7 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 my attention to the details/particulars of transfer of the 12 petitioners, as enumerated in paragraph 4 of the statement of objections and submits that the term of the petitioners as members of a Band Platoon at BSF STC Headquarters, Bangalore, would come to an end in June 2026, subsequent to which the petitioners would have to report to duty at the respective Frontiers, as enumerated at paragraph 4 of the Statement of Objections as under - "4. It is submitted that, consequent upon the discontinuation of Brass Band Platoon at STC BSF Bangalore, all the Band Platoon personnel of STC BSF Bangalore including petitioners have been posted out and placed at disposal of various Frontier HQrs BSF vide FHQ (Pers Dte: Estt Section) order No.47(84)/Estt-Trg/ P&T/Adm/Band/Ftrs/2024/25031-65 dated 21st Nov' 2024. The copy of the FHQ BSF (Pers Dte: Estt Sec) Letter No.25031-65 dated 21.11.2024 is produced and marked as Annexure R-2. It is further submitted that all the petitioners have been posted/adjusted only in the Band Platoon of other BSF Frontiers HQr. The posting/adjustment details of Band Platoon personnel/petitioners to other Frontiers is as under: - 8 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 SI No. Regt No. Rank & Name Unit/ HQ Placed at disposal of Further posted /adjusted in Vide order No & of dated Remarks 1. 891996118 CT D.Gnana Muthu STC BGLR FTR HQ S/Bengal 161 Bn BSF (AW FTR HQ SB Band Platoon) FTR HQ SB Order No. 15000-15021 27/12/2024 - 2. 950091435 HC Munjunath STC BGLR FTR HQ Kashmir 139 Bn BSF FTR HQ KMR O/No 11167- 84 dtd 10/12/2024 He will be attached with Band platoon of respective Frontier on joining at new posted station. 3. 891990318 ASI P.Gnanam STC BGLR FTR HQ S/Bengal 67 Bn BSF (A/W FTR SB Band Platoon) FTR HQ SB Order No. 15000-15021 27/12/2024 - 4. 910090874 HC A.Selvam STC BGLR FTR HQ Rajasthan 67 Bn BSF (A/W Brass Band of FTR HQ Rajasthan at STC Jodhpur) FTR HQ RAJ SIG NO A/4402 dtd 22/01/202 - 5. 920090031 HC P.Kumar STC BGLR FTR HQ Jammu 134 Bn BSF (A/W FTR HQ Jammu Band Platoon) FTR HQ JMU O/NO 13099-110 dtd. 23/12/2024 - 6. 000097866 HC A Pugazhent hi STC BGLR FTR M&C 171 Bn BSF (A/W FTR HQ M&C Band Platoon) FTR HQ M&C O/NO 9116- 9133 dtd 11/12/2024 Due to non reporting at attached station so far, he has been de-attached from Band Platoon. However, now FHQ BSF, New Delhi has directed the concerned Frontier HQr to issue his adjustment order with Band Platoon on reporting of the petitioner to Ftr M&C vide HQ DG BSF, Pers Dte Signal No. R/3439 dt 07.04.2026 - 9 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 7. 970094698 HC V.Deena Bandhu STC BGLR FTR HQ Kashmir 112 Bn BSF FTR HQ KMR O/No 11167- 84 dtd 10/12/2024 He will be attached with Band platoon of respective Frontier on joining at new posted station 8. 934556002 HC P.Magaimai Dass STC BGLR FTR Jammu 159 Bnn BSF (AW FTR HQ Jammu Band Platoon) FTR HO JMU O/NO 13099- 110 dtd 23/12/2024 Due to non reporting at attached station so far, he has been de attached from Band Platoon. However, now FHQ BSF, New Delhi has directed the concerned Frontier HQr to issue his adjustment order with Band Platoon on reporting of the petitioner to Ftr Jammu vide HQ DG BSF, Pers Dte Signal No. R/3439 dt 07.04.2026 9. 902101740 ASI B. Arogya Swamy STC BGLR FTR HQ S/Bengal 74 Bn BSF (A/W FTR SB Band Platoon) FTR HQ SB Order No. 15000-15021 27/12/2024 - 10. 021156313 HC B.Kasaiah STC BGLR FTR HQ S/Bengal 194 Bn BSF (A/w FTR SB Band Platoon) FTR HQ SB Order No. 15000-15021 27/12/2024 - 11. 000097875 HC P Emmanual Isac 22 BN FTR M&C 152 Bn BSF (A/W FTR HQ M&C Band Platoon) FTR HQ M&C O/NO 9116- 9133 dtd 11/12/2024 Due to non reporting at attached station so far, he has been de attached from Band Platoon. However, now FHQ BSF New Delhi has directed the concerned Frontier HQr to issue his adjustment order with Band Platoon on reporting of the petitioner to Ftr M&C vide HQ DG BSF, Pers Dte Signal No R/3439 dt 07.04.2026 - 10 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 12. 000092898 HC B Sreenivasa STC BGLR FTR HQ Rajasthan 72 Bn BSF (AW Brass Band of FTR HQ Rajasthan at STC Jodhpur) FTR HQ RAJ SIG NO A/4402 dtd 22/01/2025 - 10. It is submitted by the learned DSGI that subsequent to the petitioners being transferred to various places stated above, the petitioners would be given the duties and charge of performing only the duties as members of a Band Platoon only and not any other duties. It is, therefore, submitted that the present petition may be disposed of accordingly. 11. In view of the aforesaid facts and circumstances and the submissions made by the learned DSGI, on instructions, that the petitioners would be transferred to various Frontiers as indicated above and be made to perform only the duties of members of a Band Platoon at their respective places, I deem it just and appropriate to dispose of this petition by issuing certain directions. 12. In the result, the following - ORDER i. Petition is disposed of. - 11 - HC-KAR NC: 2026:KHC:19816 WP No. 34118 of 2024 ii. Upon completion of the tenures of the petitioners at Bangalore, the respondents are directed to relieve the petitioners from their posting as members of the Band Platoon at STC BSF Headquarters, Bangalore and post them to their respective places, as enumerated above in the body of this order. iii. The respondents are directed to post the petitioners to their respective places to perform only the duties of the Band Platoon only upon them reporting to service at their respective places, as stated in the Table above. Sd/- (S.R.KRISHNA KUMAR) JUDGE HNM List No.: 1 Sl No.: 20