Ravi Kant Raghav vs Union Of India And Anr
2016 Latest Caselaw 446 Del

$~20.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 447/2016 and CM APPL. 1761-1762/2016
      RAVI KANT RAGHAV                         ..... Petitioner
                    Through: Mr. K. Venkatraman, Advocate

                         versus


      UNION OF INDIA AND ANR                     ..... Respondents
                     Through: Ms. Archana Gaur, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

% 20.01.2016

1. The present petition has been filed by the petitioner praying

inter alia for setting aside the communication dated 11.12.2015,

issued by the respondent No.2/BSF, rejecting his request for being

posted in Delhi.

2. Vide order dated 18.12.2015, the petitioner, who is a part of 150

Battalion, was directed to move w.e.f. 01.01.2016, to Gandhidham,

Gujarat. On the last date of hearing, the case was adjourned to

enable the counsel for the respondents to obtain instructions from her

clients as to whether any officer of 150 Battalion has been

accommodated in Delhi despite the order dated 18.12.2015, calling

upon the entire Battalion to move to Gandhidham.

3. Today, learned counsel for the respondents states on

instructions that no officer of 150 Battalion has been accommodated

and the entire Battalion was required to move to Gandhidham for

being deployed at the border areas.

4. At this stage, counsel for the petitioner submits that having

regard to the fact that the petitioner has a school going child, who has

to appear for her 10th standard examinations in April, 2016 and her

studies would be disturbed in the middle of the academic session on

account of the transfer order, and in view of para 5(e) of the Circular

dated 18.05.2010, issued by the respondent No.2/BSF pertaining to

posting/transfer of officers etc., if the petitioner applies for completing

his tenure of three years of posting in Delhi, and a vacancy is

available, the respondents be called upon to consider the said

representation for his remaining tenure of one year and eight months,

in accordance with law.

5. Having regard to the submissions made hereinabove, the

petitioner is directed to join his place of posting within one week from

today. The respondents shall not take any coercive action against the

petitioner if he joins his place of posting within a period of one week

from today and his request for grant of leave for the said purpose shall

be favourably considered. Further, the petitioner is granted liberty to

represent to the respondent No.2/BSF for permission to complete the

balance period of his posting at Delhi, for one year and eight months,

which request if made, shall be considered on a vacancy arising in

Delhi and duly conveyed in writing to the petitioner.

6. The petition is disposed of alongwith the pending applications.

DASTI.

HIMA KOHLI, J

SUNIL GAUR, J JANUARY 20, 2016 rkb/ap