Saroj Singh v. Dg Cisf And ORS.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8045/2024 SAROJ SINGH ..... Petitioner Through:

Mr. P. Sureshan, Advocate.

versus DG CISF AND ORS.

..... Respondents Through:

Mr. R.L.Goel, Ms. Anju Gupta and Ms. Laavanya Kaushik, Advocates for UOI.

Sub Insp. Prahlad Devenda, CISF.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 29.05.2024 CM APPL. 33060/2024 Ex. & CM APPL. 33061/2024 Ex. Exemptions allowed, subject to all just exceptions. The applications stand disposed of.

W.P.(C) 8045/2024 & CM APPL. 33059/2024 Stay. 1.

This petition has been filed by the petitioner with the following prayers:

"a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner in CISF Unit DMRC Delhi or any other Delhi Based Unit.

b) Quash and set aside the posting order dated April 6, 2023, pertaining to the petitioner, whereby she was transferred to the 12th R.B. Behror from the CISF Unit DMRC Delhi. c) Quash the letter dated May 22, 2024, issued by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent, whereby the petitioner's representation was rejected with the remark "regretted."

d) Direct the respondent to follow the DoP&T O.M. guidelines before transferring the petitioner, considering her daughter's medical disability.

e) Direct the respondents to pay cost of this litigation to the petitioner.

f) Any other further order/relief which is Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioner and as against the respondent."

2.

In effect the petitioner is challenging her transfer from Delhi to Behror.

3.

The submission of Mr. Sureshan is that the petitioner has a girl child who is suffering from 50% disability and though the petitioner's husband is also posted in DMRC Delhi, her presence shall be required. He also submits that Behror is a rural area, and no medical facilities are available. He also states that appropriate for the respondents is to consider posting the petitioner at Chandigarh, or any other place nearer to Delhi, where appropriate facilities are available.

4.

Mr. Goel, submits that appropriate for the petitioner is to join the place of posting at Behror and give a representation to the competent authority requesting for her transfer to Chandigarh expressing the difficulties which she is facing, and the same shall be considered as per the policy, so as to obviate the difficulties faced by the petitioner. 5.

Noting the said submission made by Mr. Goel, petitioner shall join the place of posting within a period of two weeks from today. She shall also make a representation to the competent authority within the same period, for her transfer to Chandigarh. The competent authority shall decide the same The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

within a period of 10 days thereafter and convey the decision to the petitioner. The competent authority while deciding the same, shall also take into consideration the disability certificate in respect of her child, and the intent to post the petitioner is to obviate the difficulties. 6.

The petition stands disposed of.

V. KAMESWAR RAO, J DR. SUDHIR KUMAR JAIN, J MAY 29, 2024/ib The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.