Devi Lal & Anr. vs C.R.P.F.& Anr.
2011 Latest Caselaw 3296 Del

R~29
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Decision: 12th July 2011.

+      W.P.(C) 2703/1998

       DEVI LAL & ANR.                                 ..... Petitioners
                      Through:          None

                        versus


       C.R.P.F. & ANR.                                 ..... Respondents

Through: Dr. Ashwani Bhardwaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SUNIL GAUR

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported in the Digest?

PRADEEP NANDRAJOG, J (Oral)

1. Petitioners, husband and wife, have prayed that the transfer order dated 9.7.1997 transferring both of them to Guwahati be quashed.

2. Reason why they sought order to be quashed was that their minor daughters were in mid-term of the school and joining at Guwahati would affect their studies. It was further averred that their third daughter was undergoing treatment at Safdarjung Hospital.

W.P.(C) No. 2703/1998 Page | 1

3. As per the respondents the children of the petitioners could be accommodated at the school at Guwahati and as regards medical treatment of third daughter, facilities for the same were available at the base Hospital at Guwahati.

4. We note that the petitioners were not granted any interim relief and thus were required to comply with the mandate of the impugned order.

5. Learned counsel for the respondents informs us that the petitioners defied the transfer orders and notwithstanding no stay being granted to them they did not report for duty at Guwahati, and thus taking disciplinary action against the two, they have been dismissed from service. They were granted compensate allowance and gratuity.

6. Be that as it may, what is challenged before us is the transfer order dated 9.7.1997; and it is apparent that the writ petition has become infructuous.

7. The writ petition stands dismissed as infructuous.

                                   PRADEEP NANDRAJOG, J



                                   SUNIL GAUR, J
JULY 12, 2011
pkb




W.P.(C) No. 2703/1998                                       Page | 2