Kerala High Court
T.M.Mohan vs The Director General Cisf on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 15342 OF 2021
PETITIONER:
T.M.MOHAN
AGED 55 YEARS
HEAD CONSTABLE/GENERAL DUTY, CISF NO.892331254, CISF UNIT
COCHIN SHIP YARD, PRESENTLY RESIDING AT QUARTER NO.B2/4,
CISF COMPLEX, PANAMPILLY NAGAR, ERNAKULAM, KERALA STATE,
PIN - 682 036
BY ADVS.
T.SANJAY
SANIL KUMAR G.
MIDHUN R.
RESPONDENTS:
1 THE DIRECTOR GENERAL,
CENTRAL INDUSTRIAL SECURITY FORCE, CISF HEAD QUARTERS, 13
CGO COMPLEX, LODHI ROAD, NEW DELHI- 110 003
2 THE ADDITIONAL DIRECTOR GENERAL/CISF
AIRPORT SECTOR HEAD QUARTERS, MAHIPALPUR, NEW DELHI - 110
037
3 THE INSPECTOR GENERAL (SOUTH SECTOR)
CENTRAL INDUSTRIAL SECURITY FORCE, CHENNAI, PIN - 600 009
4 THE DEPUTY INSPECTOR GENERAL/CISF
CISF UNIT IGI AIRPORT, NEW DELHI - 110 037
5 THE DEPUTY INSPECTOR GENERAL (SOUTH ZONE)
CENTRAL INDUSTRIAL SECURITY FORCE, BESANT NAGAR, CHENNAI,
PIN - 600 009
6 THE GROUP COMMANDANT
CENTRAL INDUSTRIAL SECURITY FORCE, CISF GROUP HEAD
QUARTERS COCHIN, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
KERALA PIN - 683 037
WP(C) NO. 15342 OF 2021
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7 THE DEPUTY COMMANDANT/CISF
CISF UNIT COCHIN SHIP YARD, PERUMANOOR P.O. ERNAKULAM
PIN - 682 015
8 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110 003
OTHER PRESENT:
SMT. M.S. KIRAN-CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15342 OF 2021
3
JUDGMENT
This writ petition is filed seeking the following reliefs:-
"(i) to declare that the petitioner is eligible to be promoted to
the rank of Assistant Sub Inspector / Executive and to be
retained in the same Unit where he is posted in the light of
Exts.P3 & P6 Guidelines issued by the 1st respondent.
(ii) to quash Ext.P8 order issued by the 2nd respondent
transferring the petitioner to CISF Unit IGI Airport New Delhi.
(iii) to issue a writ of mandamus or any other appropriate
writ, direction or order, directing the 1 st respondent to
compassionately consider and pass orders on Exhibit P-9 & P-
10 representations submitted by the petitioner in light of
Exts.P3 & P-6 Guidelines."
2. Heard the learned counsel for the petitioner and
the learned CGC appearing for the respondents.
3. It is submitted that the petitioner's daughter is
severely disabled child and is suffering from genetic disorders
and is categorized as HA - Severe Disability in terms of Ext.P3
circular. It is submitted that the petitioner is entitled to
protection from transfer. It is submitted that, by Ext.P8 order,
the petitioner has now been promoted and transferred to
New Delhi. The petitioner has preferred Exts.P9 and P10
WP(C) NO. 15342 OF 2021
representations pointing out the difficulties faced by him and
has requested for a retention at Cochin. It is submitted by the
learned counsel for the petitioner that there are two
vacancies in the promoted post available at Cochin Shipyard
Unit and the petitioner is liable to be retained in one such
vacancy.
4. The learned CGC submits, on instructions, that
Exts.P9 and P10 request made by the petitioner will be
considered and disposed of without delay.
5. There will, accordingly, be a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P9
representation preferred by the petitioner, in the light of
Exts.P3 and P6, within a period of four weeks from the date of
receipt of a copy of this judgment. The petitioner shall
produce a copy of this judgment along with a copy of the writ
petition and any further representations that he may wish to
make before the 1st respondent. The 1st respondent shall put
the petitioner on notice and shall hear him through any
WP(C) NO. 15342 OF 2021
appropriate means including video conferencing before
passing orders as directed above. The transfer of the
petitioner, pursuant to Ext.P8, shall be kept in abeyance till
orders are passed as directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
bng/03.08.2021
WP(C) NO. 15342 OF 2021
APPENDIX OF WP(C) 15342/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMANENT IDENTITY CARD FOR
PERSONS WITH DISABILITY ISSUED BY THE SOCIAL
WELFARE DEPARTMENT, GOVERNMENT OF KERALA
DATED 30.11.2010 IN RESPECT OF THE DAUGHTER
OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE MEDICAL CERTFICATE DATED
18.05.2017 OF DISABILITY ISSUED BY DR.
K.BALAGOPAL, ASSOCIATE PROFESSOR OF
ORTHOPEDICS, GOVERNMENT MEDICAL COLLEGE
THRISSUR IN RESPECT OF THE DAUGHTER OF THE
PETITIONER.
Exhibit P3 TRUE COPY OF CISF HEAD QUARTERS NEW DELHI
LETTER NO.E-38014/ESTT-
II/2010/MISC/VOL.9/2667 DATED 08.12.2011
Exhibit P4 TRUE COPY OF CISF HEAD QUARTERS POSTING
ORDER NO.711/2014 DATED 01.08.2014
Exhibit P5 TRUE COPY OF CISF CIRCULAR NO.22/2017 DATED
25.09.2017
Exhibit P6 TRUE COPY OF CISF HEAD QUARTERS LETTER NO.E-
38023/231MEDICAL/ESTT-II/2015/239 DATED
10.11.2015
Exhibit P7 TRUE COPY OF CISF HEAD QUARTERS ORDER
NO.65/20212 ISSUED UNDER LETTER NO.(2696)
DATED 25.05.2021
Exhibit P8 TRUE COPY OF ORDER NO.21/20212 ISSUED UNDER
LETTER NO.(5839) DATED 24.06.2021 ISSUED BY
THE 2ND RESPONDENT.
WP(C) NO. 15342 OF 2021
Exhibit P9 TRUE COPY OF REPRESENTATION DATED 25.06.2021
SUBMITTED BY THE PETITIONER ADDRESSED TO THE
1ST RESPONDENT
Exhibit P10 TRUE COPY OF TH REPRESENTATION DATED
25.06.2021 ADDRESSED TO THE 2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES &
PENSIONS DEPARTMENT OF PERSONNEL AND
TRAINING AS PER THEIR OFFICE MEMORANDUM
NO.F.NO.42011/3/2014-ESTT(RES) DATED
08.10.2018.
Exhibit P12 TRUE COPY OF CERTIFICATE ISSUED BY THE
NATIONAL INSTITUTE OF OPEN SCHOOL DECLARING
THE DAUGHTER OF THE PETITIONER QUALIFIED IN
SENIOR SECONDARY SCHOOL EXAMINATION 2014
