Court No. - 28
Case :- WRIT - A No. - 22559 of 2018 Petitioner :- Satyavir Singh Respondent :- Union Of India, Through Secretary, Armed Forces, New Delhi And 4 Others Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- A.S.G.I.,Gyan Narayan Kanaujiya
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner and learned standing counsel who appears on behalf of the State-respondents and Mr. Gyan Narayan Kanaujiya who has filed his memo of appearance on behalf of the respondents.
2. It has come out that the petitioner was transferred on medical grounds to GC, CRPF Gurugram in Summer Chain Transfer in 2016 for a period of three years. The petitioner's son who is aged about 15 years, is suffering from serious ailment of his chest and is being treated at AIIMS. However, the petitioner has now been transferred to 224th Battalion, CRPF, Allahabad within 10 months without completion of his normal tenure and without treatment of his son, whereas, since the petitioner was promoted, he could have been adjusted at GC, CRPF, Gurugram on the post of Inspector (Min.) which was lying vacant at Gurugram. He has pointed out the case of one SI Ministerial Ganesh Dutt Pandey of CRPF, Academy, Kadarpur, Gurugram who was retained even after promotion as Inspector (Min.) till the completion of his remaining tenure.
3. It has been submitted by the learned counsel that as per the transfer policy framed by the respondents themselves in SO- 03/2016 by the department normal tenure of Group Centre located in static places would be three years.
4. It has been submitted that looking into his personal hardship his case has already been recommended by the Commandant of 224th Battalion on 19.04.2018 to the respondent No. 4 but no decision has been taken as yet by them.
5. Without entering into the merits of the controversy this writ petition is disposed off with a direction to the respondent No. 4 to look into the grievance of the petitioner and pass appropriate orders or refer the matter further to the competent authority to pass appropriate orders thereafter within a period of two months from the date a certified copy of this order is produced before him.
Order Date :- 27.10.2018 LBY