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2016 DIGILAW 1 (CAL)

Devendra Singh v. Union of India

2016-01-04

SANJIB BANERJEE

body2016
JUDGMENT : This petition is a sequel to WP 4740(W) of 2015 that was disposed of by an order of February 23, 2015. The challenge in the previous petition was to the petitioner’s transfer at a time when the petitioner’s school-going children were due to take their school- leaving examinations. In the presence of representation on behalf of Union of India, the petitioner was required by the order of February 23, 2015 to join his transferred place of posting with effect from April 6, 2015. The date was so fixed after ascertaining that the Class-XII examinations of the petitioner’s children would be over by the end of March, 2015. To ensure that there was no delay on the part of the petitioner to join his transferred place of posting, the order of February 23, 2015 also provided that the petitioner’s family should vacate the official quarters by April 16, 2015. At the relevant point of time, the petitioner failed to bring to the notice of this court that CISF personnel posted in Jammu & Kashmir were entitled to retain the family accommodation at the last place of posting by a notification of July 14, 2010. The present petition has been filed with a two-fold grievance: that the petitioner has been charged at penal rates for retaining the family quarters beyond April 16, 2015 and substantial amounts have been deducted from the petitioner’s salary on such score; and, that the petitioner has not been paid his salary till April 5, 2015 on the ground of his alleged absence from his transferred place of posting. It is submitted on behalf of the Union of India that the notification of July 14, 2010 is applicable to the petitioner and the petitioner is entitled to the benefits thereunder. It appears that the CISF authorities have deliberately proceeded against the petitioner on both counts with a view to mock the order of this court. The order of February 23, 2015 could not have taken away something that the petitioner was entitled to and it is evident that the date of April 16, 2015 was fixed by the order to encourage the petitioner to join his transferred place of posting without undue delay. The order of February 23, 2015 could not have taken away something that the petitioner was entitled to and it is evident that the date of April 16, 2015 was fixed by the order to encourage the petitioner to join his transferred place of posting without undue delay. In any event, once the petitioner had joined his transferred place of posting, he was entitled to the benefit under the notification of July 14, 2010 irrespective of the order, particularly since the relevant order did not refer to the notification or specifically deny the petitioner any benefit that he was otherwise entitled to. Further, the deduction of the petitioner’s pay for the period upto April 5, 2015 appears to be unjustified and contumacious since the petitioner was permitted to continue at his previous place of posting till April 5, 2015 and such order was made upon hearing the Union of India. Let this petition appear a fortnight hence. The Commandant of CISF, the principal officer of the Force in this State, will explain the position by way of a report. In the event the petitioner had reported to his previous place of posting at any time after the order of February 23, 2015 was passed and before the petitioner joined his post in Jammu and Kashmir, the petitioner has to be paid the salary and other emoluments for the relevant period. In view of the submission on behalf of the CISF, that the petitioner is entitled to the benefit under the said notification of July 14, 2010, no further deductions on account of rent for the official quarters enjoyed by the petitioner’s family will be made and all deductions made will immediately be refunded by the CISF to avoid payment of interest on such amount. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.