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2017 DIGILAW 391 (JK)

Gohar Ali Mir v. Union of India

2017-07-19

B.S.WALIA

body2017
JUDGMENT : 1. Petitioner requested for VRS on account of old age ailment's of his mother as also of his wife suffering from heart disease. In view of acceptance of his request for VRS , petitioner would be relieved from service on 31.10.2017. Grievance of the petitioner is that despite his request for VRS having been accepted in view of the medical condition of his old mother and wife and his relieving scheduled for 31.10.2017, yet, vide order dated 28.06.2017, he has been transferred from CRPF Group Centre Ban Talab, Jammu to 218 Btn. Chhatisgarh. 2. Learned counsel states that the petitioner had earlier also been transferred vide order dated 03.05.2017 from Group Centre Ban Talab, Jammu but on his representation and taking into account the mitigating circumstances, transfer of the petitioner was ordered to be kept in abeyance till Summer Chain Transfer 2018. Learned ASGI states that Summer Chain Transfer 2018 implies review of transfers in May, 2018. 3. Learned counsel states that there is no change in the medical condition of the petitioner’s mother or for that matter his wife, therefore there was no justification whatsoever for the respondents to have ordered the petitioners transfer vide order dated 28.06.2017 especially in view of the fact that the earlier transfer of the petitioner ordered on 03.05.2017 had on representation by him been ordered to be kept in abeyance till review in Summer Chain Transfer in May 2018. 4. After hearing learned counsel for the parties, it is deemed appropriate to dispose of the writ petition by granting liberty to the petitioner to submit a representation for sympathetic consideration of his prayer for being allowed to continue at Ban Talab, Jammu in view of the medical condition of his mother and wife till his being relieved on 31.10.2017 on account of acceptance of his VRS. Representation be submitted by the petitioner to respondent No. 2 within one week from the date of receipt of certified copy of this order. On receipt of the representation along with certified copy of this order, respondent No.2 shall sympathetically consider and decide the prayer of the petitioner for being allowed to continue at Ban Talab, Jammu in view of the compassionate circumstances put forth by the petitioner, namely ailment of his old aged mother as also of his wife. 5. On receipt of the representation along with certified copy of this order, respondent No.2 shall sympathetically consider and decide the prayer of the petitioner for being allowed to continue at Ban Talab, Jammu in view of the compassionate circumstances put forth by the petitioner, namely ailment of his old aged mother as also of his wife. 5. Needless to mention, respondent No.2 would also take into account the earlier order dated 03.05.2017 directing keeping of earlier transfer of the petitioner as ordered vide order dated 03.05.2017 in abeyance till Summer Chain Transfer-2018 in view of the compassionate circumstances taken into account while ordering transfer order dated 03.05.2017 to be kept in abeyance till review in Summer Chain Transfer-2018. It is further ordered that till such time that a decision is taken on the petitioners representation, the petitioner shall be allowed to continue at Ban Talab, Jammu i.e. his present place of posting. If on consideration of the representation, any order adverse to the petitioner is passed, the same shall not be implemented for a period of 15 days from the date of supply of said order to the petitioner in order to enable the petitioner to invoke the jurisdiction of this Court if so desired by the petitioner. 6. Writ petition along with MP No.01/2017 stands disposed of with aforementioned directions.