Ramesh Chandra Singh v. Union Of India & ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st May, 2023 + W.P.(C) 7924/2023 RAMESH CHANDRA SINGH ..... Petitioner Through:

Mr. Abhay Kumar Bhargava, Advocate versus UNION OF INDIA & ANR.

.... Respondents Through:

Mr. Risabh Sahu, Senior Panel Counsel with Mr. Ravindra Vikram, GP, Mr. Sameer Sharma, Advocate and Mr. Hemendra Singh, DC (Law), BSF

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1.

Vide this petition, petitioner is praying as under: "(i) Issue a writ of certiorari or any other appropriate writ, order or direction, thereby calling for records and quash the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it was issued under the remark, "ON OWN REQUEST", instead of compassionate/terminal grounds.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to modify the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it may be issued under the remark, "compassionate/terminal grounds", instead of "ON OWN REQUEST".

(iii) Alternatively, issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to award the petitioner Transfer allowance (TA) for the impugned transfer W.P.(C) 7924/2023 Page 1 of 2 By:ROHIT KUMAR 15:11

order because there is no rules specifying the minimum tenure of a DIG at a static location and thus the petitioner is entitled to Transfer allowance (TA) even if posted to his choice of posting.." 2.

In view of the prayer and averments made in the present petition, we hereby direct the respondents to treat the present petition as a representation on behalf of petitioner and decide the same within one week. The decision so taken shall be communicated to the petitioner within three days thereafter with a reasoned order.

3.

With the aforesaid directions, present petition is disposed of. 4.

Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum. (SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE MAY 31, 2023/rk W.P.(C) 7924/2023 Page 2 of 2 By:ROHIT KUMAR 15:11