Abdul Yunus v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2620 of 2021 Abdul Yunus S/o Abdul Wahab Aged About 59 Years Working As Central Industrial Security Forces (CISF) And Posted At NTPC Sipat, Tahsil And P. S. Sipat District Bilaspur Chhattisgarh ---- Petitioner

Versus

1.

Union Of India Through Ministry Of Home Affairs Govt. Of India, Central Industrial Security Forces, New Delhi India 2.

Assistant Commandant Cs Head Quarter Bhilai, District Durg Chhattisgarh 3.

Deputy Commandant National Thermal Power Corporation Seepat, District Bilaspur Chhattisgarh ----Respondents For Petitioner :

Mr. D.K. Vishwakarma, Advocate For Respondents :

Mr. Amit Banerjee, Advocate under instructions of Mr. Ramakant Mishra, Asstt. S.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/07/2021 1.

Aggrieved by the order of transfer dated 30.04.2021 transferring the petitioner from NTPC Seepat to SECL, Bilaspur, the present writ petition has been filed.

2.

During the course of the discussions, it has been revealed that the petitioner has already remained at the NTPC Seepat for more than 4 years and 9 months and in terms of the circular governing the field i.e. the circular No. 22/2017 a person who has completed his normal tenure at a particular place can be shifted to any other place within the home unit. The petitioner in the present writ petition has been posted at a nearby place, which is just around 20 KMs from the present place

of posting i.e. from NTPC Seepat to SECL Bilaspur is just around 20 KMs.

3.

Given the said fact, this Court does not find any strong case calling for any interference with the impugned order, however the petitioner it seems has already made a representation to the higher authorities in the Department against the order of transfer citing his retirement in near future, which till date is pending consideration before the authorities.

4.

Given the said fact, it would be left for the respondents to take an appropriate decision on the representation of the petitioner in accordance with law on its own merits taking into consideration the Rules, regulations, circulars and policy governing the field and also taking note of the date of retirement of the petitioner. 5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved