M. K. Muthu v. Additional Deputy Inspector General of Police Group Centre & Another
2003-09-05
A.K.RAJAN
body2003
DigiLaw.ai
Judgment :- The writ petition has been filed to issue a writ of certiorarified mandamus to call for the records relating to the Telex Message NO.T.IX-4/2002 Estt.-1 dated 27.4.2002 sent by the second respondent herein, to quash the same and to direct the respondents to provide lighter jobs to the petitioner in the Static Institution. 2.The petitioner was working as a Constable in a Central Reserve Police Force. While he was in service he met with an accident. Because of that he became medically unfit on 5.6.1992. As per the opinion of the Board dated 12.11.1991 he was declared unfit to hold the post of Constable in the force. Therefore, the petitioner filed a writ petition in WP.NO.6617 of 1992 directing the respondents to give suitable job to him. In that writ petition this Court passed an order stating that in view of the medical invalidation he can be given lighter post. Subsequently he was transferred to Chandigarh. Thereafter he made a representation that he may be given post in Avadi itself. Since his representation has not been considered, he filed the present writ petition with the above stated prayer. 3.While this writ petition is pending, on 26.12.2002 the petitioner gave an offer before this Court that he was willing to go on voluntary retirement and he will make the application within 15 days. The same has been recorded. But later on he went back on his request. Now he wants to continue in service. The petitioner has been transferred on 13.3.2002 and he joined in the newly transferred place. 4. Mr.Viduthalai, learned counsel for the respondents submits that as per Central Reserve Police Force Rules, a person cannot be permitted to work for more than three years in the same place. As he has completed three years, he has been transferred. His unit has been moved to Chandigarh and Manipur. Since his entire unit has moved to Manipur, the petitioner alone cannot be transferred in other place. This argument is acceptable. 5. In view of the above submission, this Court is not inclined to interfere with the Rules that are followed by Central Reserve Police Force. Hence, the writ petition fails and the same is dismissed. Consequently, connected WPMP and WVMP are also dismissed. No costs.