Inspector/Executive vs The Director General /Central ...
2021 Latest Caselaw 75 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                    WP(C).No.24905 OF 2020(K)

PETITIONERS:
       1     INSPECTOR/EXECUTIVE,
             ROHAN M. NAIR, CISF UNIT FACT UDL, (PRESENTLY
             RESIDING AT D-III/14,DLD BLOCK, GV IYYER ROAD,
             WELLINGTON ISLAND, COCHIN, KERALA-682003.

      2      INSPECTOR/EXECUTIVE,
             SREEVIDYA K.C.,
             CISF UNIT, UTL P & C COCHIN, PRESENTLY RESIDING AT
             AT D-III/14,DLD BLOCK, GV IYYER ROAD, WELLINGTON
             ISLAND, COCHIN, KERALA-682003.
             BY ADVS.
             SRI.T.SANJAY
             SHRI.SANIL KUMAR G.
             SHRI.MIDHUN R.

RESPONDENTS:
       1     THE DIRECTOR GENERAL /CENTRAL INDUSTRIAL SECURITY
             FORCE, CISF HEAD QUARTERS, CGO COMPLEX, LODHI ROAD
             NEW DELHI, PIN-110003.

      2      THE INSPECTOR GENERAL /CENTRAL INDUSTRIAL SECURITY
             FORCE, SOUTH SECTOR HEAD QUARTERS, CHPT
             CAMPUS,CHENNAI PIN-600013.

      3      THE DEPUTY INSPECTOR GENERAL/CISF,
             CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN, BASANT
             NAGAR, CHENNAI-600090.

      4      THE COMMANDANT,
             CISF UNIT FACT UDL, COCHIN, KERALA-683501.

      5      THE GROUP COMMANDANT,
             CISF GROUP HQRS. KENDRIYA BHAVAN, KAKKANAD, COCHIN,
             KERALA-682030.

      6      THE ASSISTANT COMMANDANT,
             CISF UNIT UTL P AND C COCHIN, WILLINGTON ISLAND
             COCHIN, KERALA-682003.

             R1-6 BY ADV. SRI.P.VIJAYAKUMAR
 WP(C).No.24905 OF 2020

                             2


OTHER PRESENT:
            CGC- SRI. DAYA SINDHU SREEHARI.N.S

     THIS WRIT PETITION     (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 04.01.2021,     THE COURT ON    THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.24905 OF 2020

                                    3

                            JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) to declare that Ext.P4 transfer order is illegal in view of Ext.P3 directions of the 1 st respondent i.e DG/CISF.

ii) to issue a writ of certiorari or any other appropriate writ or direction quashing Ext.P4 order of transfer dated 11.11.2020.

iii) to issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2 nd respondent to retain the petitioners at CISF Units FACT UDL & UTL P&C till completion of normal tenure of the 1st petitioner as a couple case."

2. Heard the learned counsel for the petitioners and

the learned ASGI appearing for the respondents.

3. It is submitted by the learned counsel for the

petitioners that petitioners have been transferred out to

Neyveli in the middle of the academic year and that the

transfer is causing disruption to the education of their only

child, who is a girl. It is submitted that representations have

been submitted before the respondents, which have not

been considered, taking note of Exts.P3 and P8 general WP(C).No.24905 OF 2020

directions which interdict transfer except in administrative

exigencies. It is contended that the transfer of the

petitioners is not necessitated due to any such exigency and

the petitioners are only seeking the indulgence of the

respondents to continue in station till the end of the

academic year.

4. A detailed statement has been placed on record

by the ASGI on behalf of the respondents wherein it is

contended that there will be no disruption of studies since a

Kendriya Vidyalaya is readily available to accommodate the

petitioners' child there.

5. In any view of the matter and in view of the fact

that the petitioners have approached the respondents

seeking deferring of the transfer till the end of the academic

year, I am of the opinion that the said request is liable to be

considered, taking note of Exts.P3 and P8 as well.

6. There will, accordingly, be a direction to the 2 nd

respondent to take up and consider the request made by the

petitioners for deferring the transfer till the end of the WP(C).No.24905 OF 2020

academic year in the light of Exts.P3 and P8. Till orders are

passed on the request of the petitioners, the interim orders

shall continue in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/04.01.2021 WP(C).No.24905 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 MEDICAL DOCUMENTS IN CONNECTION WITH THE INJURY SUFFERED BY THE 2ND PETITIONER DURING A ROAD ACCIDENT IN THE YEAR 2017.

EXHIBIT P2 TRUE COPY OF STUDENT IDENTITY CARD OF MISS IN RESPECT OF MISS ADITI R. NAIR, DAUGHTER OF THE PETITIONERS ISSUED BY KENDRIYA VIDYALAYA, COCHIN PORT TRUST.

EXHIBIT P3 TRUE COPY OF E-MAIL DATED 20/05/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF TRANSFER ORDER DATED 11/11/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 12/11/2020 PREFERRED BY THE 1ST PETITIONER ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 12/11/2020 PREFERRED BY THE 2ND PETITIONER ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE OFFICE MEMORANDUM NO.

(1951) DATED 12/11/2020 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE E-MAIL DATED 20.11.2020 CONTAINING DIRECTIONS OF PAPER POSTING OF 47 INSPECTOR/EXECUTIVES DUE TO COVID-19 PANDEMIC SITUATION.

EXHIBIT P9 AYURVEDIC TREATMENT (PANCHKARMA) DOCUMENTS PERTAINING TO THE 2ND PETITIONER.

EXHIBIT P10 MRI SCAN REPORT DATED 14.11.2019 OF THE RIGHT KNEE OF THE 2ND PETITIONER.