Suresh Kumar v. Union Of India And ORS

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7928/2016 & CM No.32914/2016 (stay) SURESH KUMAR ..... Petitioner Through:

Ms. Saahila Lamba, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through:

Mr. S.N. Parashar, Advocate

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 07.09.2016 The writ petitioner, an officer of the rank of Assistant Sub Inspector in the Border Security Force, has filed this writ petition, challenging an order dated 30.08.2016, whereby, the writ petitioner has been transferred to 97 Battalion at Jammu.

It is the case of the writ petitioner that the writ petitioner is undergoing a pre-promotion course which is due to end on 15.10.2016. If the petitioner dis-continues the course without completing the same, his prospects of further promotion will be jeopardized, as he will not be eligible for promotion to the post of Inspector.

We have noted the submission of the learned counsel appearing on behalf of the respondents that on an earlier occasion, the petitioner had resisted transfer on the ground of his son's illness. W.P.(C) 7928/2016

Learned counsel appearing on behalf of the writ petitioner, however, undertakes on instructions from the writ petitioner, that the writ petitioner shall not seek any further extension of time after 15.10.2016. Immediately after 15.10.2016, the petitioner shall join the post to which he has been transferred and in any case, within three working days from 15.10.2016. In view of the undertaking, the writ petition and the pending application are disposed of, with a direction that the writ petitioner shall not be disturbed from his present place of posting till 18.10.2016. INDIRA BANERJEE, J V. KAMESWAR RAO, J SEPTEMBER 07, 2016 rs W.P.(C) 7928/2016