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Madras High CourtWP/29426/2016disposed of

Pramod K.K., v. Union Of India

2016-08-24Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P. No. 29426 of 2016 Pramod K.K .. Petitioner

Versus

1.Union of India Rep. by The Inspector General, Central Industrial Security Force, South Sector Head Quarters, Chennai -600 009.

2.The Deputy Inspector General, Central Industrial Security Force (SZ HQrs) 'D' Block, Rajaji Bhawan, Besant Nagar, Chennai - 600 090.

3.The Senior Commandant, CISF Unit, Chennai Port Trust (Ch PT), Chennai - 600 001.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to dispose the representation dated 19.05.2016 given by the petitioner for considering his case for an alternate posting, having lesser pollution (dust and fume) level than Chennai Port Trust, taking into account his health condition and according to the Standing Medical Board recommendation. For Petitioner :

Ms.M.Bhargavi For Respondents:

Mr.K.Ramanamurthy Senior Central Govt. Standing Counsel

O R D E R

By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

2. This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent to dispose the representation dated 19.05.2016 given by the petitioner considering his case for an alternate posting, having lesser pollution (dust and fume) level than Chennai Port Trust, taking into account his health condition and according to the Standing Medical Board recommendation.

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3. The case of the petitioner is that he joined as a constable in the Central Industrial Security Force (in short CISF), in the year 2001 and posted to work at VSA, Portblair and subsequently he was transferred to various places. Presently he is serving in CISF Unit at Chennai. The grievance of the petitioner is that he submitted a representation to the first respondent on 19.05.2016, seeking to give alternative posting, having lesser pollution (dust & fume) level than Chennai Port Trust, taking into account his health condition. But, the same was not considered so far. Hence, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

4. Heard the learned counsel for the petitioner as well as learned Standing counsel for the respondents.

5. Having regard to the above facts and circumstances of the case and also submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider and dispose of the representation of the petitioner dated 19.05.2016, on merits and in accordance with law, as expeditiously as possible. The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr/rsh To The Inspector General, Union of India Rep. by Central Industrial Security Force, South Sector Head Quarters, Chennai -600 009.

+ 1 cc to M/s. K. Ramanamoorthy, Advocate SR.48054 + 1 cc to M/s. M. Bhargavi, Advocate SR.48290 W.P.No.29426 of 2016 NR(CO) EU 24/10/16 https://hcservices.ecourts.gov.in/hcservices/