Nawal Kishor v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH WRIT PETITION No.31057 OF 2016 Nawal Kishor ... Petitioner vs.

1.

The Inspector General of Police (Personnel), 2.

The Deputy Inspector General of Police (Establishment), The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Avadi, Chennai 600 065.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to retain the petitioner in the present station, namely, Group Centre, Avadi till January 2017 on medical grounds.

For Petitioner :

Mr.J.Lakshmi Narayanan For Respondents :

Mr.M.Arvind Kumar Senior Panel Counsel

O R D E R

The petitioner has filed this Writ Petition for a direction to the respondents to retain him in the present Station, namely, Group Centre, Avadi till January 2017 on medical grounds. 2.

According to the petitioner, he joined the Central Reserve Police Force as Constable (GD) on 20.06.2003. Presently, he is working in Group Centre, Avadi from May 2013

till date without any blemish. Since he had no issues from his wedlock, he and his wife underwent infertility treatment at Chennai, which proved to be fruitful and his wife got conceived. In the meanwhile, the petitioner was issued with an order of transfer. It is the case of the petitioner that his presence with his wife till her delivery is much essential, as she is undergoing continuous medical treatment. Hence, he seeks a direction to the respondents to retain him in the present station till December 2016.

Heard the learned counsel on either side.

4.

Learned counsel for the petitioner submitted that the 3rd respondent has recommended retention of the petitioner in the present Station on account of his wife's pregnancy through IVF treatment and pleaded that a direction may be given to the 1st respondent to consider the representation of the petitioner. 5.

In view of the above, this Court directs the 1st respondent to consider the case of the petitioner based on the recommendation made by the 3rd petitioner vide Appendix-A, dated 27.07.2016 and pass appropriate orders on the petitioner's representation, within a period of two weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above direction. No costs. Consequently, connected W.M.P.No.26927 of 2016 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.

The Inspector General of Police (Personnel),

2.

The Deputy Inspector General of Police (Establishment), The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Avadi, Chennai 600 065.

+1cc to Mr.J. Lakshminarayanan, Advocate, S.R.No.62933 ev (CO) md (7/11/2016) W.P.No.31057 of 2016