Kerala High Court
Sharmila Banu vs Union Of India on 10 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
WP(C) NO. 12000 OF 2021
PETITIONER:
SHARMILA BANU,
AGED 36 YEARS,
ID NO.101435042, WORKING AS ASI/PH, SHQ BSF,
THIRUVANANTHAPURAM-695 010, RESIDING AT HOUSE NO.22/461,
VILL MUHAMMED SALLAH PURAM IIIRD STREET, KOVILPATTI P.O.,
TUTICORIN, TAMIL NADU-628 501.
BY ADVS.
V.JOHN MANI
S.JAYANT
JACKSON JOHNY
SETHULAKSHMI K.K.
VARGHESE SABU
GAYATHRI MENON
XAVIER THOMAS V.T.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001.
2 THE DIRECTOR GENERAL, BSF,
CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.
3 THE IG/DIRECTOR(MEDICAL),
FHQ BSF (MEDICAL DIRECTORATE), R.K.PURAM, SECTOR-I, NEW
DELHI-110 066.
4 THE INSPECTOR GENERAL,
BORDER SECURITY FORCE, FTR HEAD QUARTERS, BANGALORE,
YELAHANKA, BANGALORE-560 064.
5 THE DEPUTY INSPECTOR GENERAL,
BORDER SECURITY FORCE, SECTOR, HEADQUARTERS, BORDER
SECURITY FORCE, MUTTATHARA, VALIYATHURA P.O.,
WP(C) NO. 12000 OF 2021 2
THIRUVANANTHAPURAM-695 008.
BY ADV V.JOHN MANI
P.VIJAYAKUMAR
ASSISTANT SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12000 OF 2021 3
JUDGMENT
Dated this the 10th day of June 2021
This writ petition is filed, inter alia, seeking a direction
to the respondents 2 and 3 to permit the petitioner to
continue in SHQ BSF, Thiruvananthapuram up to the next
ATO, 2022.
2. The petitioner has averred in the writ petition that
she is an ASI/Pharmacist in the Border Security Force (BSF)
since 14.12,2010. By Ext.P1 order she was transferred to
SHQ, BSF, Thiruvananthapuram. As per Ext.P2 policy, the
tenure of paramedical staffs is for four years at its static
location. Nevertheless, as per Ext.P3 order, the petitioner
has been transferred to 184 BN, BSF. Ext.P3 order is issued
in violation of Ext.P2. In the circumstances, the petitioner
has preferred Ext.P4 representation before the 3rd
respondent. There is inaction on the part of the 3 rd
respondent in considering Ext.P4. Hence, the writ petition.
3. Heard the learned counsel appearing for the
petitioner and the Assistant Solicitor General of India
appearing for the respondents.
4. Taking into consideration the fact that the
petitioner has already preferred Ext.P4 representation before
the 3rd respondent and the same is pending consideration
before the said authority, without expressing anything on the
merits of the matter, I direct the 3rd respondent to consider
and dispose of Ext.P3, in accordance with law, as
expeditiously as possible. Until such time, a decision is taken
on Ext.P4, the petitioner shall not be relieved from her
present station pursuant to Ext.P3 order.
The Writ Petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
pm
APPENDIX OF WP(C) 12000/2021
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF ORDER ISSUED BY COMMANDANT
(MEDICAL) DATED 09.10.2017.
Exhibit P2
A TRUE COPY OF EXTRACT IN BSF POLICY
ISSUED BY MINISTRY OF HOME AFFAIRS DATED
5.4.1997
Exhibit P3 A TRUE COPY OF LETTER ISSUED BY HQ DG BSF
TO HQ SDG (WESTERN COMMAND) DATED
23.04.2021.
Exhibit P4 A TRUE COPY OF REPRESENTATION SUBMITTED
BY PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5 A TRUE COPY OF MEDICAL RECORDS OF
PETITIONER'S FATHER.
