Madras High CourtWP/26090/2022disposed of

P.Veeramuthu v. The Deputy Inspector General Of Police(Establishment)

2022-11-04Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.25162 of 2022 P.Veeramuthu ... Petitioner Vs.

1.The Deputy Inspector General of Police (Establishment), Office of Directorate General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.

2.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.

3.The Deputy Commandant (ADM), Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the First Respondent in Order No.01/2022-PER-DTE-P2DA23-PER-DG dated 15.07.2022 and the consequential Movement Order of the third respondent dated 21.09.2022 1/5

and quash the same and direct the Respondents to retain the Petitioner in the present station itself i.e Chennai so as to enable him to continue the medical treatment for infertility as enumerated in the Central Reserve Police Force Standing Order No. 07/15 dated 04.08.2015. For Petitioner :

Mr.P.Manojkumar For Respondents :

Mr.Rajesh Vivekanandan Assistant Solicitor General

ORDER

This Writ Petition has been filed challenging the orders dated 15.07.2022 and 21.09.2022 under which the petitioner has been directed to join duty at Jammu and Kashmir from Chennai.

2. The petitioner's grievance is that he has been taking infertility treatment for begetting a child and on that ground he seeks for retaining his position at Chennai.

3. Learned counsel for the petitioner would now submit on instructions that the petitioner is willing to join duty at Jammu and Kashmir, as per the impugned orders, provided his representation seeking for retransfer to Chennai is considered on merits and in accordance with law. 2/5

4. No prejudice would be caused to any of the parties if such a direction is issued by this Court.

5. Since the learned Assistant Solicitor General submits that the respondents have not received the earlier representation, he submits that the petitioner will have to give a fresh representation. Learned counsel for the petitioner is agreeable to the same. For the foregoing reasons, this Court directs the petitioner to give a fresh representation to the respondents, seeking re-transfer to Chennai, within a period of one week after joining his duty at Jammu and Kashmir and on receipt of the said representation, the respondents shall consider the same on merits and in accordance with law, within a period of eight weeks thereafter.

6. With the aforementioned directions, this Writ Petition is disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

04.11.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.The Deputy Inspector General of Police (Establishment), Office of Directorate General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.

2.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.

3.The Deputy Commandant (ADM), Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.

4/5

ABDUL QUDDHOSE. J., ab 04.11.2022 (1/2) 5/5