Girish C vs Union Of India
2023 Latest Caselaw 10265 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                  &
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                         WA NO.1634 OF 2023
        JUDGMENT IN WP(C) 13443/2023 OF HIGH COURT OF KERALA
                           DATED 7.9.2023
                         ------------------
APPELLANT/PETITIONER :-


            GIRISH C., AGED 46 YEARS
            CISF NO.024090036, HEAD CONSTABLE/GENERAL DUTY,
            CISF UNIT BPCL-KR COCHIN, RESIDING AT
            QUARTER NO.B-3, S-4, CISF COMPLEX, IRUMPANAM.P.O
            ERNAKULAM, PIN - 682 309

            BY ADV A.DINESH RAO


RESPONDENTS/RESPONDENTS :-


    1       UNION OF INDIA REPRESENTED BY ITS SECRETARY
            MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
            NEW DELHI, PIN - 110 001

    2       THE DIRECTOR GENERAL
            CENTRAL INDUSTRIAL SECURITY FORCE, CISF HQ,
            CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110 003

    3       THE ADDITIONAL DIRECTOR
            GENERAL/AIRPORT SECTOR,
            AIRPORT SECTOR HEAD QUARTERS, ADMIN BLOCK,
            CISF COMPLEX, MAHIPALPUR, NEW DELHI, PIN - 110 037

    4       THE INSPECTOR GENERAL/CISF
            SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS,
            CHENNAI, PIN - 600 013

    5       THE DEPUTY INSPECTOR GENERAL/CISF
            CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN,
            BASANT NAGAR, CHENNAI, PIN - 600 090

    6       THE GROUP COMMANDANT
            CISF GROUP HEAD QUARTERS, KENDRIYA BHAVAN,
            KAKKANAD, ERNAKULAM, PIN - 682 030
 WA NO.1634 OF 2023

                                -: 2 :-

     7       THE DEPUTY COMMANDANT
             CISF BPCL-KR, IRUMPANAM P.O.,
             ERNAKULAM, PIN - 682 309.

             SRI.S.MANU, ASGI


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
19.09.2023, THE COURT ON 21.09.2023 DELIVERED THE FOLLOWING:
 WA NO.1634 OF 2023

                                    -: 3 :-


       ANU SIVARAMAN, J. & C. JAYACHANDRAN, J.
       ------------------------------------------------------------------
                          W.A. No.1634 of 2023
          -------------------------------------------------------------
            Dated this the 21st day of September, 2023

                              JUDGMENT

Anu Sivaraman, J.

This intra court appeal is directed against the judgment of

the learned Single Judge refusing to interfere with an order of

transfer.

2. It is submitted by the learned counsel for the

appellant that the order of transfer has been rendered without

considering the fact that the appellant's elder son is a student

of the 12th standard at the Kendriya Vidyalaya, NAD, Aluva and

is due to take his 12th standard examinations in March, 2024.

It is submitted that even in spite of the existence of an interim

order in the writ petition, the appellant was subjected to a

transfer without obtaining orders from this Court and that the

provisions of the guidelines which provide for extension of

posting when the children are in the 10th or 12th classes had not

been considered. It is contended that the appellant only seeks

indulgence of the respondents to permit him to continue at the

present station till January, 2024.

WA NO.1634 OF 2023

3. We have considered the contentions advanced. We

have also perused the judgment and the pleadings on record.

The appellant is a member of a uniformed force. The learned

Single Judge has considered the factual aspects quite in detail.

It is evident from the judgment itself that the appellant's wife

is working in the GST Department in the State of Kerala. All

the contentions raised in the writ petition on facts as also the

contentions based on the guidelines for transfer have been

specifically considered by the learned Single Judge.

Thereafter, relying on binding judgments of the Apex Court,

the learned Single Judge found that the appellant had already

availed of one year grace period available under the guidelines,

which ended on 30.4.2023. The learned Single Judge has also

granted 15 days time for the appellant to join the transferred

station.

In the facts and circumstances of the instant case

and in view of the fact that transfer is admittedly an incident of

service and the appellant is a member of uniformed service,

who is statutorily bound to work anywhere in the country

where he is posted, we are of the opinion that there is no WA NO.1634 OF 2023

justification for an interference in the judgment of the learned

Single Judge in this intra court appeal. The appeal fails and

the same is, accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. JAYACHANDRAN JUDGE Jvt/19.9.2023