Ajith Kumar S.K vs Union Of India
2022 Latest Caselaw 9775 Ker

WA No.1286/2022                              1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                   THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                            &
                       THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
                  Friday, the 26th day of August 2022 / 4th Bhadra, 1944
                                    WA NO. 1286 OF 2022

        AGAINST JUDGMENT DATED 16.08.2022 IN WP(C) 24316/2022 OF THIS COURT

   APPELLANT/PETITIONER:

          AJITH KUMAR S.K., AGED 40 YEARS, CISF NO.004340429,
          CONSTABLE/GENERAL DUTY, CISF UNIT FACT UDL, ERNAKULAM, RESIDING AT
          QUARTER NO.547/10, FACT CD TOWNSHIP, AMBALAMEDU, AMBALAMEDU PO,
          ERNAKULAM, KERALA, PIN - 682303.

          BY ADVS.M/S. T.SANJAY & G.SANIL KUMAR

   RESPONDENTS/RESPONDENTS:

      1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
         AFFAIRS, NORTH BLOCK, NEW DELHI, 110001.
      2. THE DIRECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY FORCE CISF HQ, CGO
         COMPLEX, LODHI ROAD, NEW DELHI, PIN-110003.
      3. THE INSPECTOR GENERAL/CISF, SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS,
         CHENNAI, PIN - 600013.
      4. THE DEPUTY INSPECTOR GENERAL/CISF, CISF SOUTH ZONE HEAD QUARTERS,
         RAJAJI BHAVAN, BASANT NAGAR, CHENNAI, PIN - 600090.
      5. THE SENIOR COMMANDANT, CISF UNIT FACT UDL, UDYOGAMANDAL, ELOOR,
         ERNAKULAM, KERALA -683501.
      6. DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC
         GRIEVANCE AND TRAINING, REPRESENTED BY ITS SECRETARY, NORTH BLOCK,
         NEW DELHI, (NCT),110001.

        BY CENTRAL GOVERNMENT COUNSEL SRI.PREMJITH KUMAR


        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation of the impugned judgment dated 16.08.2022 of the
   Learned Single Judge in WP(C) No.24316/2022 and also stay the operation of
   Ext P.1 transfer order along with Ext.P-10 Movement Order transferring the
   petitioner from CISF Unit FACT UDL to CISF Unit GUA Ore Mines, Jharghand
   in the light of the directions contained in Ext.P7 OM of the DoPT, pending
   final disposal of the above Writ Appeal.


        This Writ Appeal coming on for admission on 26/08/2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:

                                                                           P.T.O.
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                                      ORDER

Admit. Sri.Premjith Kumar, the learned Central Govt Counsel takes notice for all the respondents. Post immediately after Onam holidays on 19.09.22.

The petitioner shall in the meanwhile, produce the notification which according to him authorises the President of the Panchayath/Village Officer to issue certificates in the nature of Exts.P11/P12 in terms of the Rights of Persons with Disability Act, 2016 or any other law.

          26/08/2022      Sd/-A.K.JAYASANKARAN NAMBIAR,JUDGE

                          Sd/-MOHAMMED NIAS C.P.,JUDGE
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EXT.P1:TRUE COPY OF RELEVANT PAGES OF THE CISF HEAD QUARTERS SERVICE

ORDER NO.211/2022 DATED 28.03.2022.

EXT.P7:TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.

F.NO.42011/3/2014 ESTT. RES DATED THE 8TH OCTOBER 2018.

EXT.P10:TRUE COPY OF MOVEMENT ORDER BEARING NO.504

DATED 19.7.2022.

EXT.P11:TRUE COPY OF CERTIFICATE DATED 7.5.2022

ISSUED BY THE PANCHAYAT PRESIDENT OF KUNNATHUKAL

GRAMA PANCHAYAT.

EXT.P12:TRUE COPY OF CERTIFICATE DATED 23.7.2022 ISSUED

BY THE VILLAGE OFFICER,ANAVOOR VILLAGE THIRUVANANTHAPURAM DISTRICT.

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26-08-2022 /True Copy/ Assistant Registrar