(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.
2. Though the appellant/writ petitioner filed the writ petition challenging the transfer order, which was dismissed by the learned Single Judge, now seeks indulgence of this court placing an alternative remedy of quitting on medical invalidation.
3. No doubt, the learned Single Judge has rejected the claim of the appellant/writ petitioner on the basis that transfers on administrative reasons cannot be interfered by the court. But, on going through the factual aspects, we find that the appellant had joined the CRPF as Constable on 15.2.2003 and while he was serving in Kashmir, he was injured during the attack of terrorists and thereupon, he was transferred to Avadi, Chennai and it appears that still he has not fully recovered and on that ground he sought for retention in the same Station.
4. It appears that the index finger of the appellant/writ petitioner has become defunct. As such, he seeks indulgence of this court to permit him to go for medical invalidation. The learned Single Judge dismissed the writ petition filed by him on the ground that he has been serving in the present Station for more than five years and therefore, he cannot be continued to be retained in Chennai.
5. In the facts and circumstances of the case and as intended by the appellant/writ petitioner, we are of the view that the appellant/writ petitioner can be subjected to examination by the Medical Board to find out whether he is eligible for medical invalidation and on receiving report in that regard, it is for the authority to take a decision either to allow him to go for medical invalidation or retain him in which event, he will have to join the Station where he is sought to be transferred now. Considering the fact that it would take some time for completing that process, we direct that such a process shall be completed within a period of four months from the date of receipt of a copy of this judgment and till such a process is completed, no coercive step shall be taken against him. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petitions are closed.
(H.G.R.,J.)(T.K.R.,J.) 6.11.2017.
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