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Neeraj Rawat vs Union Of India And Ors.
2023 Latest Caselaw 3467 Del

Citation : 2023 Latest Caselaw 3467 Del
Judgement Date : 16 August, 2023

Delhi High Court
Neeraj Rawat vs Union Of India And Ors. on 16 August, 2023
                          Neutral Citation Number 2023:DHC:5881-DB


                          $~48

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                            Judgment delivered on: 16th August, 2023

                          +      W.P.(C) 10553/2023 & CM APPL. 41011/2023 (stay)

                                 NEERAJ RAWAT                                              ..... Petitioner

                                                                 versus

                                 UNION OF INDIA AND ORS.                               ..... Respondents

                          Advocates who appeared in this case:
                          For the Petitioner:   Mr. M.K. Khanna, Advocate
                                                with petitioner in person (through V.C).

                          For the Respondent: Mr. Siddharth Khatana, Sr. Panel Counsel
                                              and Mr.Amit Achayra, G.P. with DC Dileep
                                              N., Inspector Meena S. Menon, SI Prahlad, SI Amit
                                              Kumar, CISF.
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns transfer order dated 06.04.2023 whereby petitioner has been transferred from her present place on posting, i.e, CISF Unit of Indian Oil Corporation, Faridabad to Behror, Rajasthan.

2. This case has a chequered history. On 02.09.2022, petitioner was earlier sought to be posted from her present place of posting at Faridabad to CISF Unit, Central Government Building Security at Delhi. Petitioner impugned the said transfer order. Initially there was

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL Signing Date:18.08.2023 17:14:31 Neutral Citation Number 2023:DHC:5881-DB

an interim order in favour of the petitioner, however, said petition was disposed of on 18.07.2023 on a statement made by the respondents that they had amended the posting order from Faridabad to Behror, Rajasthan. Petitioner was granted four weeks time from 18.07.2023 to join the new place of posting.

3. Subject petition has been filed by the petitioner contending that there was no accommodation available in the campus and no educational facility for the child at Behror.

4. Learned counsel for the respondent had sought time to take instructions.

5. Learned counsel for the respondent has in Court today produced an order dated 16.08.2023, wherein the posting order, posting petitioner from IOC Faridabad to 12th Reserve Battalion Behror has been amended. Said order dated 16.08.2023 is taken on record. Respondents have now posted petitioner to CISF Unit at Indian Oil Corporation to Mathura.

6. Petitioner, who is connected through VC, submits that she has no objection to joining the new place of posting at Mathura. However, she prays that some time be granted to petitioner to settle her affairs as also till the exams of the child are over.

7. Learned counsel for the respondents submits that the child of the petitioner is studying in Class VI in Kendriya Vidyalaya and there is a Kendriya Vidyalaya in Mathura within the campus and as per the

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL Signing Date:18.08.2023 17:14:31 Neutral Citation Number 2023:DHC:5881-DB

Rules of Kendriya Vidyalaya, the child can be shifted even midstream.

8. Keeping in view the fact that the child of the petitioner today is only in Class 6 and it is not even close to the annual examination, we are unable to accept the request of petitioner to grant of further time.

9. It is pointed out by learned counsel for the respondents that the usual joining time of 10 days is granted to the petitioner.

10. Accordingly, petitioner is directed to join the new place of posting at Indian Oil Corporation, Mathura on or before 28.08.2023.

11. Petition is, accordingly, disposed of.

12. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J AUGUST 16, 2023 st

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL Signing Date:18.08.2023 17:14:31

 
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