Plea Of ITBP Female Constables Seeking Redeployment In Afghanistan Dismissed By Delhi HC

WHAT WAS THE MATTER

• The case Rani Devi and Anr. V. Indo Tibetan Border Police (2021) involved two female ITBP constables who wished to be redeployed to their post in Afghanistan.
• The constables were posted in 8 Battalion and 47 Battalion respectively. Their job was to check the females and children who came to the Embassy. They were also engaged in the security of the Embassy, for which they were specially trained.
• Their argument was that they were posted at the Indian Embassy in Kabul, Afghanistan for a period of two years but they were recalled in a few months only. Therefore, they contended that they had a right to complete their tenure and that they should be posted in place of those personnel who had completed the maximum period of their tenure.
• The counsel for the ITBP argued that due to the presence of three officers doing the same work as that of the petitioners, they were recalled to be put to better use. Further, the three personnel who were chosen to stay in Afghanistan had completed a lesser duration of their service than the petitioners, as a result of which, on the basis of the Policy, they were preferred.

WHAT THE COURT HELD

• The Court dismissed the petition, as the demand of the petitioners was a purely administrative matter and therefore, beyond the jurisdiction of the courts.
• The Court also observed that the posting of personnel has to be based on the need of that situation, and the determination of the need is the work of the administration, reiterating that completion of tenure at a particular post cannot be claimed as a right by the personnel.
• The Court also referred to one of its recent judgements, which was similar to the present case. In that case, 30 ITBP personnel demanded re-deployment in Afghanistan. In that case also, the Court dismissed the petition as the demand was purely-administrative in nature.
• But the Court also observed that it was amazed by the fact that some female personnel were demanding redeployment in an area where the condition is worsening day by day.

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