Rajeev R. v. The Deputy Inspector General Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 27853 of 2015 (F) ---------------------------- PETITIONER:

------------------- RAJEEV R. AGED 35 YEARS NO. 031435213 CONSTABLE/FITTER, GROUP CENTRE CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM-695 316 BY ADV. SRI.S.VISHNU RESPONDENTS:

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1. THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM THIRUVANANTHAPURAM-695 316

2. THE INSPECTOR GENERAL SOUTHEN SECTOR, CENTRAL RESERVE POLICE FORCE ROAD NO. 10C, NEW MP/MLA COLONY, GAYATHRI HILLS HYDERABAD-500033

3. INSPECTOR GENERAL OF POLICE (PERSONNEL) DIRECETORATE GENERAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX LODHI ROAD NEW DELHI-110 003

4. THE DIRECTOR GENERAL DIRECTORATE, CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX, LODHI ROAD NEW DELHI-110 003

5. UNION OF INDIA, REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001 R1-R5 BY ADV. SMT.O.M.SHALINA, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27853 of 2015 (F) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE ORDER NO. T.IX/1/15-ESTT.I DT. 15/7/15 ISSUED BY THE 1ST RESPONDENT EXT.P2:

TRUE COPY OF THE OFFICE ORDER NO.P.V11.1/13-EC-I DT. 5/2/14 EXT.P3:

TRUE COPY OF THE REPRESENTATION DT. 10/9/15 TO THE 3RD AND 4TH RESPONDENTS EXT.P4:

TRUE COPY OF THE BIRTH CERTIFICATE IN RESPECT OF PETITIONER'S BABY EXT.P5:

TRUE COPY OF THE DISCHARGE SLIP FROM GENERAL HOSPITAL, KOTTAYAM EXT.P6:

TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT OF PETITIONER'S FATHER EXT.P7:

TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT OF PETITIONER'S MOTHER EXT.P8:

TRUE COPY OF THE CERTIFICATE ISSUED BY THE MODEL PUBLIC SCHOOL RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 27853 of 2015 (F) ------------------------------------------ Dated this the 29th day of September, 2015

J U D G M E N T

The petitioner is concerned with the transfer effected, as per Ext.P1, to Chattisgarh.

2.

The petitioner, after the issuance of Ext.P1, has also filed Ext.P3 representation seeking continuance in the present post for reason of the petitioner being now blessed with a child.

3.

However, this Court is of the opinion that, that cannot be a ground on which the transfer can be interdicted. The statement of the respondent shows that normally the tenure in field and static offices is four years. It is also stated that now the same is amended to three years. However, even going by the unamended policy, the petitioner who was posted at Pallipuram on 23.07.2011 and continuing till date, cannot have a claim for remaining at the same post over and above the tenure.

W.P.(C) No. 27853/2015 -24.

In such circumstance, this Court does not find any reason to interfere with the transfer. The Writ Petition would stand dismissed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj