Page No.# 1/5 GAHC010063062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1797/2026 KSH. PREMO SINGH S/O. LT. KSH. IBOHANABI SINGH, PERMANENT R/O. VILL.- TOP KHONGNANF MAKHONG, P/O. AND P/S. POROMPAT, DIST. IMPHAL EAST, MANIPUR-795005. VERSUS THE UNION OF INDIA AND 3 ORS REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001 2:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO.1 CGO COMPLEX LODHI ROAD NEW DELHI-110003 3:THE DY. INSPECTOR GENERAL OF POLICE (ORGANISATION) DIRECTORATE GENERAL CRPF BLOCK NO.1 CGO COMPLEX LODHI ROAD NEW DELHI-110003 4:THE INSPECTOR GENERAL GROUP CENTRE CRPF PO AMERIGOG GUWAHATI ASSAM-781002 Page No.# 2/5 Advocate for the Petitioner : W AHMED, MR T MEELEE,MR. D GOGOI Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.06.2026 Heard Mr. D Gogoi, learned counsel for the petitioner. Also heard Mr. B Chakravarty, learned CGC for the respondents. 2. The petition filed by the petitioner putting a challenge to his transfer order No.1600/2026-ORG-DTE-P3DA4-PER-DG-SNTS dated 08.01.2026. The petitioner is serving in the Central Reserve Police Force (CRPF) as a Head Constable/Peon (HC/Peon). According, to the petitioner, he is entitled to be posted in his home state, which is Manipur, in view of the fact that the petitioner has satisfied the prescription under Clause-15 of the Transfer and Posting Guidelines provided in the Standing Order No. 04/2022 dated 27.09.2022. His representation preferred before the authority, expressing his hardship on account of his family and other domestic problems, was not redressed properly by the respondent authorities taking into account the Transfer and Posting Guidelines. Being aggrieved, the petitioner is before this Court. Page No.# 3/5 3. The respondents have filed an affidavit where the Extract of the Recommendation of the Board of Officers in respect of the request made by filing of the representation by the petitioner is enclosed. In the said extract, it is shown that the request made by the petitioner is for transfer to any Manipur- based office to look after his family/other domestic problems, which stood not recommended, primarily on the ground that he is posted in the North-East since 2012. Now, he is still not recommended. The learned CGC referring to the said extracts submits that the remarks column reflects that his case was not recommended, perhaps because it is stated therein that he is posted in the North-East since 2012. Learned CGC submits that the petitioner has spent 29 years in the North-East out of his 31 years of service. 4. Learned counsel for the petitioner referring to Clause 15 (i) of the Standing Order No.04/2022 submits that the employee is entitled to be posted in a home state after the cooling-off period from his earlier posting, which is normally 6 years and the petitioner has satisfied this Clause. The last posting of the petitioner in the home state was during the years 2017 to 2019. Therefore, since he has satisfied the cooling-off period, his prayer for seeking posting in the State of Manipur should be permitted. It is further submitted that the Extract of the Recommendation does not reflect that the provisions of the Transfer and Posting Guidelines has been duly considered by the respondents. Page No.# 4/5 He, therefore, submits that the impugned transfer order dated 08.01.2026 be set aside and the petitioner should be allowed to be posted in the State of Manipur. 5. I have heard the learned counsel for the parties and perused the pleadings on record including the Standing Order No. 04/2022 dated 27.09.2022. 6. Clause 15 of the Transfer and Posting Guidelines provided in the Standing Order No. 04/2022 dated 27.09.2022 reads as follows: 15. Cooling Off (i) The normal cooling off for subsequent posting in Home state & NCR will normally be 06 years. (ii) The cooling off period for subsequent posting in SOZ & CoBRA will normally be 06 years. (iii) The cooling off period to previous place of posting will normally be 06 years. However, Clause-6 of the Standing Order 04/2022 prescribes that filing up of the preferences will not a guarantee for posting to preferred unit/establishment. Also no officer/official/personnel can lay claim for any particular post or location. However, upon perusal of the recommendation, it is found that there is no reference made to the Standing Orders while rejecting the recommendation of the writ petitioner. Page No.# 5/5 7. Under such circumstances, the matter is remitted back to the respondent authorities to reconsider the application/preference of the writ petitioner for being posted in his home State of Manipur. The authorities will reconsider the matter and pass a reasoned order by taking into consideration the provisions of the Standing Order 04/2022 dated 27.09.2022. Let this order be issued within a period of 30 (thirty) days from the date of receipt of the certified copy of this order to be submitted by the writ petitioner before the concerned authorities. The interim order passed will continue till such speaking order is passed by the respondent authority or till 31st July, 2026, whichever is earlier. 8. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant