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Madras High CourtWP/8459/2017dismissed

D.Rekha, Consable Gd(Mah) v. The Deputy Inspector General

2017-04-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8459 of 2017 and W.M.P.Nos.9257 and 9258 of 2017 D.Rekha .. Petitioner -vs1.The Deputy Inspector General of Police Recruit Training Centre Central Reserve Police Force Avadi, Chennai-600 065.

2.The Director General of Police Central Reserve Police Force CGO Complex, Lodhi road New Delhi-110 003.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for records in respect of the Office Order in Signal Message No.T-IX-30/2016-CZ-ADM-1, dated 21.09.2016 passed by the office of the second respondent and quash the same and consequently, direct the respondents not to transfer the petitioner herein.

For Petitioner : Ms.R.Maheswari For Respondents : Ms.S.Meenakumari, CGSC

ORDER

The Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for records in respect of the Office Order in Signal Message No.T-IX-30/2016-CZ-ADM-1, dated 21.09.2016 passed by the office of the second respondent and quash the same and consequently, direct the respondents not to transfer the petitioner herein.

2. It is the case of the petitioner that the petitioner was appointed as Constable - GD(Mah) and joined in the service of Central Reserve Police Force on 01.10.2004. She was transferred

to RTC, Avadi, Chennai, only on 08.05.2013 and she is eligible to be at the same place for a period of five years as per Standing Order issued in Order No.05/2014. Now the petitioner has been transferred to 232 Battalion in Medhinapur, West Bengal vide signal message dated 21.09.2016 issued by the respondents and the first respondent has now issued Movement Order dated 31.03.2017. Therefore, she has come forward with the present writ petition.

3. Heard the learned counsel for the petitioner. Ms.S.Meenakumari, learned Standing Counsel, takes notice on behalf of the respondents.

4. The petitioner has challenged the mass transfer order dated 21.09.2016, in and by which, 344 persons are to be transferred from one place to other place all over India.

5. Learned Standing Counsel appearing for the respondents produced the Standing Order No.07/2015, dated 04.08.2015 before this Court, which was issued by the Directorate General CRPF (Ministry of Home Affairs), CGO Complex, Lodhi road, New Delhi110 003 and it shows that in GC, training institutions etc., for Mahilas are concerned, the tenure will be for three years without any extension and the same has been extracted hereunder: "12.Transfer of Mahila Personnel:

..

..

(i) In GC, training institutions, etc, Mahilas are authorised as a welfare measure. Tenure, there, will be for three years without any extension."

6. It is further submitted by the learned Standing Counsel that in the present case, the petitioner has not only enjoyed three years of tenure, in addition thereto, she has been given extension and she is going to complete four years. Therefore, the challenge made by the petitioner to the impugned mass transfer order cannot be sustained legally.

7. In the light of the above standing order No.07/2015, dated 04.08.2015 issued by the Directorate General CRPF (Ministry of Home Affairs), I fully agree with the reply given by the learned standing counsel for the respondents. Therefore, this Court is not inclined to interfere with the impugned mass transfer order dated 21.09.2016 passed by the respondents.

8. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. -s/dAssistant Registrar(CO) True Copy Sub-Assistant Registrar kj To 1.The Deputy Inspector General of Police Recruit Training Centre Central Reserve Police Force Avadi, Chennai-600 065.

2.The Director General of Police Central Reserve Police Force CGO Complex, Lodhi road New Delhi-110 003.

+1 cc to M/s.R.Mageshwari Advocate sr 21504 +1 cc to M/s.S.Meenakumari Advocate sr 21422 W.P.No.8459 of 2017 and W.M.P.Nos.9257 and 9258 of 2017 rr(co) aa20/04/2017