Krisanu Borah vs Union Of India And 8 Ors

The Court proceedings have been conducted through video-conference.

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned Central Government Counsel for all the

respondents.

Considering the nature of the case, this Court is of the view that the present writ petition can be disposed of at this stage.

The matter pertains to challenge to the transfer of the petitioner, presently serving in the CRPF to 124 Battalion, which falls under the Tripura

Sector. It may not be necessary to go in detail the background facts of the case and it may suffice referring to only some of the relevant facts for

disposal of this writ petition.

The petitioner was transferred by an order issued on 06.01.2021 and posted to 09 Battalion, which is located at Gadchiroli in Maharashtra, which is

a hard area infested with left wing extremists. It is an admitted position that the petitioner is orthopedically handicapped with 50% disabilities, which

was caused during his active service for which the petitioner continues to undergo treatment regularly and presently isunder treatment in various

hospitals in Guwahati. Accordingly, the petitioner submitted a representation in January, 2021, which was rejected by the authorities on 24.02.2021. He

was, however, granted an opportunity to have a personal interview with the authorities. According to the petitioner, at that time, the Group Centre,

Guwahati made a recommendation to the authorities concerned that since the petitioner was having 50% disabilities, it is a case of transfer

consideration on medical ground, which seems to be genuine. Accordingly, it was recommended that his plea for continued posting in Guwahati Group

Centre may be allowed till completion of normal tenure as can be seen from the communication dated 05.03.2021. According to the petitioner,

unfortunately, the authorities did not accede to his prayer to remain in Guwahati but directed him to proceed to Tripura as mentioned above vide order

dated 11.03.2021. Being aggrieved, the present petition has been filed.

Ms. Gayan, learned CGC, however, submits that the authorities had taken due consideration of all these aspects, and keeping in mind his earlier

posting in his home station in Assam where he has remained more than 10 years, and in terms of the Standing Order No.07/2015 issued on 4th

August, 2015 wherein it has been mentioned in paragraph-4(ix) thereof that a person can serve in a particular Range/Sector for maximum 10 years

and in a particular Zone for 14 years and it is compulsory for a NGO to serve in a Zone other than his Home Zone for a period of 14 years at least

once in his full service, the impugned order was issued.

It has been further submitted that in the impugned order, it has been made very clear that the petitioner may keep his family and may take better

treatment from an Orthopaedic/Eye Specialist in Tripura and, as such, no case has been made out for interference with his transfer order.

On the other hand, Mr. Mazumdar, learned counsel for the petitioner, submits that though the impugned order has allowed the petitioner to keep his

family for better treatment, the fact remains that the petitioner is heavily dependent on his family members and it is very difficult to arrange

accommodation for his family in Agartala during under the present circumstances. Further, the petitioner has already decided to take voluntary

retirement in 2022 on completion of 18 years of service as it is increasingly becoming difficult for him to continue with active service with this 50%

disability and if the petitioner is directed to proceed to Tripura now, first of all, he may not get the same medical facility for treatment in Tripura, which

he is availing in Guwahati and secondly, on his voluntary retirement in the year 2022, he has to come back to Assam which would entail relocating his

family, which will cause immense hardships and inconveniences to him. Accordingly, the petitioner made the said plea for posting him in Assam

keeping in mind the Office Memorandum dated 13.03.2002 where it has been mentioned that requests from physically handicapped employees for

transfer to or near their native places may also be given preference. It has been also submitted that, in the Standing Order No.07/2015, it has been

mentioned in paragraph 5 (x) thereof that the cases of personnel injured seriously in operational duties and displayed gallant action may be given

choice State or place once subject to administrative feasibility.

Ld. Counsel for the petitioner also submits that it may be noticed that paragraph 4(ix) of the Standing Order referred to above though mentions of

posting in a Range/Sector for maximum 10 years, it does not mention that the posting in the same home State cannot be more than 10 years. In other

words, what is necessary is that one may not remain more than 10 years in a Sector or Range but there may be other Sector or Range in the State of

Assam where the petitioner can be accommodated.

Accordingly, the petitioner submits that the authorities may be directed to reconsider his case on the aforesaid medical ground and in the light of the

Standing Order/Office Memorandum as well as the fact that he is going to seek voluntary retirement next year.

This Court having heard learned counsel for the parties and on perusal of the materials on record, is of the view that in the light of the submission

made by learned counsel for the petitioner that the petitioner is seeking voluntary retirement next year and also considering his medical condition,

perhaps, the authorities may have a relook into his prayer for posting him in his home State in Assam in the light of the Standing Order/Office

Memorandum referred above.

Accordingly, this writ petition is disposed of with the direction that the petitioner shall submit a fresh representation to respondent No.2 within a

period of 10 days, which shall be considered by the authorities and dispose of the same by issuing a speaking order by intimating the petitioner. It is

also made clear that till such exercise is completed, the petitioner may be allowed to remain in the present place of posting at Group Centre, Guwahati.