S.Soban Sam Kumar, v. Director General

Date : 20.4.2017 Between :

S Soban Sam Kumar S/o P Swamy o/o Assistant Commandant CISF Unit at Singareni Collieries Madharam area, Bellampally division, Mancherial district Petitioner And Director General Central Industrial Security Force CGO complex, Lodhi Road, New Delhi and others Respondents The Court made the following:

ORAL ORDER:

Petitioner is head constable in CISF. In the year 2014 he was posted to Bellampalli unit of Singareni Collieries Company Limited. On completion of three years tenure by order dated 23.1.2017 he was transferred to North Sector and in turn posted to Dulhasti Hydro Electric Power Station in the state of Jammu and Kashmir. He was directed to be relieved on 31.3.2017 and report to new place of posting. Even before the transfer was effected, petitioner made a representation for retention in Southern Zone by citing medical grounds for such retention. It appears, petitioner is suffering from 'Inter Vertebral Disc Prolapse L3-L4 and Lumbar Spondylosis'. Contending that in spite of submission of representation for retention, no orders are passed and challenging the order of transfer this writ petition is filed.

Having regard to the request made by the petitioner, respondents were directed to examine the feasibility of giving posting order to any other place than high altitude or very cold place. Learned counsel representing Assistant Solicitor General produced orders passed by the Assistant Inspector General, CISF, New Delhi dated 13.4.2017 whereunder the earlier transfer order was modified and petitioner was posted to NTPC, Dadri.

Learned counsel for petitioner, on instructions submitted that petitioner would abide the said order and report to the new place of posting. Since grievance of the petitioner is now attended and petitioner was given posting to NTPC, Dadri which is not a high altitude terrain, writ petition is disposed of directing the petitioner to report to the new place of posting given to him vide order dated 13.4.2017, within a period of one week from today. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

______________ P NAVEEN RAO,J DATE: 20.4.2017 TVK

Date : 20.4.2017