Sajid Hussain Shah vs Union Of India
2022 Latest Caselaw 2283 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 238/2022

1. Sajid Hussain Shah S/o Talib Hussain Shah, Aged About 29 Years, R/o Village Gohlad, P.o. Mendhar, District Poonch (J And K) Pin 185111

2. Phool Singh Meena S/o Amara Ram, Aged About 39 Years, R/o Village Bharat Khera, Post Sarsiya, Tehsil Jahazpur, Distt. Bhilwara (Raj.)

----Petitioners Versus

1. Union Of India, Through Ministry Of Home Affairs, Home Department, Govt. Of India, New Delhi.

2. Director General, Border Security Force (Personnal Directorate), Ministry Of Home Affairs, Govt. Of India, Block No. 10, 5Th Floor, Cgo Complex, Lodhi Road, New Delhi.

3. Special Director General (Wc), Western Command Of The B.s.f. (H.q.) Chandigarh.

4. Commandant, Bn Hqr. 108 Battalion, Border Security Force, 4 Haripur Road, Bhuj (Gujrat)

5. Commandant, Bn Hqr. 108 Battalion, Border Security Force, Dabla, Jaisalmer (Raj.)

----Respondents

For Petitioner(s) : Mr K.L. Chauhan For Respondent(s) : Mr Mukesh Rajpurohit ASG (VC)

HON'BLE MR. JUSTICE ARUN BHANSALI

Judgment / Order

09/02/2022

This writ petition has been filed by the petitioners seeking

direction for the respondents to allow the petitioners to join duty

at 108 Battalion BSF, Jaisalmer on the post of Constable with

effect from 28.11.2021. It is, inter alia, claimed in the writ petition

(2 of 3) [CW-238/2022]

that the petitioners were transferred from 18 th Bn BSF to 108th Bn

BSF, however, they were not permitted to join. Based on these

submissions, the above relief was sought from the Court.

Notices were issued to the respondents and Mr Mukesh

Rajpurohit ASG was directed to put in appearance.

Learned counsel for the petitioners, though said facts were

not disclosed in the writ petition, makes submission that the

petitioners were declared LMC (low medical category) at 108 th

Battalion BSF and were directed to report back to the 18 th

Battalion. However, the petitioners were not permitted to join at

the 18th Battalion also, by indicating that orders from appropriate

authority have not been produced.

Learned ASG makes submissions and has produced orders

for perusal of the Court wherein the fact about four other persons

were found LMC at 108th Battalion were required to join back at

18th Battalion. However, it is claimed that the petitioners did not

report at 18th Battalion, which led to passing of the order dated

31.12.2021, requiring the petitioners to either join at 108 th

Battalion or 18th Battalion.

Learned counsel for the petitioners makes submission that as

the order dated 31.12.2021 requires to report either at 108 th

Battalion or 18th Battalion, they reported at 108th Battalion but

were not permitted to join.

Learned ASG, based on instructions, made submission that

the petitioners had to report at 18 th Battalion only and if they now

report at the 18th Battalion within a period of one week, they will

be permitted to join there.

In view of the above fact situation, wherein the respondents

have indicated that in case the petitioners join at 18 th Battalion

(3 of 3) [CW-238/2022]

within a period of 7 days, they shall be permitted to join; the writ

petition filed by the petitioners is disposed of. The petitioners may

report at 18th Battalion within a period of one week and the

respondents to permit their joining.

The stay petition also stands disposed of.

(ARUN BHANSALI),J 36-MMA/-

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