All India Rpf Assoc Icf v. Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.08.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.9691/2018 & WMP.Nos.11600 to 1602/2018 All India RPF Association ICF rep.by its President Chennai 600 038.
... Petitioner
Versus
1.The Director General Railway Protection Force Railway Board, New Delhi.
2.Principal Chief Security Commissioner Railway Protection Force ICF, Chennai 600 038.
... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent insofar as para 8[ii] of the Directive No.32 [Revised] issued vide Railway Board's Letter No.2014/Sec[Spl]/6/12 dated 28.12.2017 and the consequential order of transfer of staff within Integrated Coach Factory [IC] issued by the 2nd respondent in proceedings No.P/X/213 dated 13.04.2018 and consequently direct the 2nd respondent to permit the petitioner members to complete their tenure within ICF in the present
position.
For Petitioner :
M/s.Row and Reddy For Respondents :
Mr.P.T.Ramkumar Standing counsel
ORDER
(1) The writ petition has been filed in the nature of a certiorarified mandamus seeking records of the 1st respondent, Director General, Railway Protection Force, Railway Board, New Delhi, insofar as para 8[ii] of the Directive No.32 [Revised] issued vide Railway Board's Letter No.2014/Sec[Spl]/6/12 dated 28.12.2017 and therefore, interfere with the order of transfer of staff within Integrated Coach Factory [ICF] which transfer order was issued by the 2nd respondent, Principal Chief Security Commissioner, Railway Protection Force, ICF, Chennai, in proceedings No.P/X/213 dated 13.04.2018 and consequently to direct the 2nd respondent to permit the members of the petitioner Association to complete their tenure within ICF in the present position.
(2) The writ petition has been filed by an Association calling themselves as All India RPF Association ICF.
(3) The Registration Certificate of the Association and the list of members had been filed as a document in the writ petition. (4) It is contended by the learned counsel for the petitioner that in the counter affidavit, it had been stated that order has inadvertently mentioned the direction to the staff as a transfer within ICF. It had been stated that a Corrigendum had already been issued in Letter No.P/X/213 dated 13.04.2018 that the word 'transfer' should be read as 'rotation' wherever it appears. It is therefore contended by the learned counsel for the petitioner that nothing further survives for adjudication in the writ petition as it is only a rotation and not a transfer and that the members of the petitioner Association, had objections only with respect to transfer and not with respect to rotation.
(5) Learned Standing counsel appearing for the respondents also forwarded a Corrigendum dated 18.12.2019 wherein the Directive 32 [Revised], which is the bone of contention in the writ petition, more
particularly, para 8[ii], has been deleted. Thus, the issue raised by the petitioner has been addressed not only by informing that there is no transfer but only rotation, but the very paragraph which is being impugned in the present writ petition, has been deleted by the respondents.
(6) Hence, no further directions are required. The writ petition therefore, stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
17.08.2023 AP Internet : Yes To 1.The Director General Railway Protection Force Railway Board, New Delhi.
2.Principal Chief Security Commissioner Railway Protection Force ICF, Chennai 600 038.
C.V.KARTHIKEYAN, J., AP 17.08.2023