Citation : 2024 Latest Caselaw 27747 Ker
Judgement Date : 13 September, 2024
WP(C) No.32924/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
WP(C) NO. 32924 OF 2024
PETITIONER:
RENJITH T, AGED 44 YEARS S/O SHRI.THANKAPPAN PILLAI SUB INSPECTOR
EXECUTIVE, CISF NO.024080093, CISF UNIT, AIR PORT SECURITY UNIT
THIRUVANANTHAPURAM, KERALA, PIN : 695008, RESIDING AT MARTIN LAND,
TC 34/831, VALIYATHOPE, VALLAKKADAV PO, TRIVANDRUM , PIN - 695008
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI, PIN - 110001
2. THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE , CISF HEAD
QUARTERS, CGO COMPLEX, LODHI ROAD NEW DELHI, , PIN - 110003
3. THE INSPECTOR GENERAL/CISF AIRPORT SECTOR II, BANGALORE, KARNATAKA
STATE, , PIN - 560300
4. THE DEPUTY INSPECTOR GENERAL/CISF, APSZ HQRS, RAJAJI BHAVAN, BASANT
NAGAR, CHENNAI, TAMILNADU, , PIN - 600090
5. THE SENIOR COMMANDANT (CASO)CISF, AIRPORT SECURITY UNIT, VALLAKKADAV
P.O, THIRUVANANTHAPURAM, KERALA , PIN - 695008
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext P-5 Transfer Order in respect of the
petitioner and also to direct the 2nd respondent to consider and pass
orders Ext P-8 representation in the light of Exts P-11, P-12 Office
Memorandums, Ext P-2 Disability Certificate and the judgment of the
Hon'ble Apex Court reported in Net Ram Yadav v. State of Rajasthan, 2022
SCC OnLine SC 1022 and Ext P-13 Judgment of Hon'ble High Court of Delhi
pending final disposal this Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.T.SANJAY, SANIL KUMAR G., ARDHRA KRISHNA Advocates for the petitioner
and of CENTRAL GOVERNMENT COUNSEL for respondents the court passed the
following:
WP(C) No.32924/2024 2/3
ORDER
Admit.
The learned CENTRAL GOVERNMENT COUNSEL takes notice for respondents.
There will be an interim stay of operation of Ext.P5 transfer order in respect of the petitioner for a period of one month, so as to enable the petitioner to continue in the present post and to draw salary.
Post on 11/10/2024.
Sd/- MURALI PURUSHOTHAMAN JUDGE
13-09-2024 /True Copy/ Assistant Registrar
Exhibit -P2 TRUE COPY OF THE DISABILITY CERTIFICATE NO.KL1490619810190823 DATED 01.06.2022 ISSUED BY THE MEDICAL BOARD OF GENERAL HOSPITAL THIRUVANANTHAPURAM Exhibit -P5 A TRUE COPY OF THE ORDER NO.53/2024 DATED 28.06.2024 Exhibit -P8 A TRUE COPY OF THE REPRESENTATION DATED 19.07.2024 PREFERRED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT Exhibit -P11 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.03.2014 OF GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING Exhibit -P12 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.02.2024 ISSUED BY GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING Exhibit - P13 A TRUE COPY OF THE JUDGMENT DATED 15.12.2023 OF THE HIGH COURT OF DELHI IN WP NO.12404/2022 BHAVNEET SINGH VERSUS IRCON INTERNATIONAL LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR & ORS
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