M. Vijaya Bhaskar Reddy, v. The Government Of India Ministry Of Home,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25183 OF 2018 Dated:16.08.2018 Between:

M. Vijaya Bhaskar Reddy, S/o. Late M. Chenna Reddy, Aged about 47 years, Occ: Head Constable in C.R.P.F. 58 Bn. CRPF, Bheemaram, Police Line Hanamkonda, Warangal District .. Petitioner And The Government of India, Ministry of Home, rep., by its Secretary to Government and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25183 OF 2018 ORDER:

Heard.

2.

Petitioner is working as Head Constable. On the application filed by the petitioner for voluntary retirement, orders were passed on 29.04.2018 permitting him to retire from service w.e.f. 30.09.2018. While so, by the order impugned, petitioner is transferred from the present place of posting. The said transfer is challenged on the ground that since petitioner has applied for retirement which was accepted and he is due for retirement on 30.09.2018, there is no justification to transfer him from the present place of posting.

3.

Learned Standing Counsel on the last occasion submitted that the employees are withdrawing the order of retirement after cancellation of transfer order and therefore in order to avoid such practice, the present transfer order is valid. 4.

Petitioner filed affidavit vide I.A.No.2 of 2018 stating that he would not withdraw the retirement order and he will be willing to be relieved from the post on 30.09.2018 as per the office order dated 29.04.2018. The said affidavit is taken on record. 5.

In view of the categorical assertion of petitioner that he would comply with the order of retirement and would retire from service on 30.09.2018, the order of transfer is set aside and the Writ Petition is allowed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:16.08.2018 KH