Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945 WA NO.1634 OF 2023 JUDGMENT IN WP(C) 13443/2023 OF HIGH COURT OF KERALA DATED 7.9.2023 ------------------ APPELLANT/PETITIONER :- GIRISH C., AGED 46 YEARS CISF NO.024090036, HEAD CONSTABLE/GENERAL DUTY, CISF UNIT BPCL-KR COCHIN, RESIDING AT QUARTER NO.B-3, S-4, CISF COMPLEX, IRUMPANAM.P.O ERNAKULAM, PIN – 682 309 BY ADV A.DINESH RAO RESPONDENTS/RESPONDENTS :- 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN – 110 001 2 THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE, CISF HQ, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN – 110 003 3 THE ADDITIONAL DIRECTOR GENERAL/AIRPORT SECTOR, AIRPORT SECTOR HEAD QUARTERS, ADMIN BLOCK, CISF COMPLEX, MAHIPALPUR, NEW DELHI, PIN – 110 037 4 THE INSPECTOR GENERAL/CISF SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS, CHENNAI, PIN – 600 013 5 THE DEPUTY INSPECTOR GENERAL/CISF CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI, PIN – 600 090 6 THE GROUP COMMANDANT CISF GROUP HEAD QUARTERS, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN – 682 030
WA NO.1634 OF 2023 -: 2 :- 7 THE DEPUTY COMMANDANT CISF BPCL-KR, IRUMPANAM P.O., ERNAKULAM, PIN – 682 309.
SRI.S.MANU, ASGI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON 21.09.2023 DELIVERED THE FOLLOWING:
WA NO.1634 OF 2023 -: 3 :- ANU SIVARAMAN, J. & C. JAYACHANDRAN, J.
------------------------------------------------------------------ W.A. No.1634 of 2023 ------------------------------------------------------------- Dated this the 21st day of September, 2023 JUDGMENT Anu Sivaraman, J.
This intra court appeal is directed against the judgment of the learned Single Judge refusing to interfere with an order of transfer.
2.
It is submitted by the learned counsel for the appellant that the order of transfer has been rendered without considering the fact that the appellant's elder son is a student of the 12th standard at the Kendriya Vidyalaya, NAD, Aluva and is due to take his 12th standard examinations in March, 2024.
It is submitted that even in spite of the existence of an interim order in the writ petition, the appellant was subjected to a transfer without obtaining orders from this Court and that the provisions of the guidelines which provide for extension of posting when the children are in the 10th or 12th classes had not been considered. It is contended that the appellant only seeks indulgence of the respondents to permit him to continue at the present station till January, 2024.
WA NO.1634 OF 2023 -: 4 :- 3.
We have considered the contentions advanced. We have also perused the judgment and the pleadings on record.
The appellant is a member of a uniformed force. The learned Single Judge has considered the factual aspects quite in detail.
It is evident from the judgment itself that the appellant's wife is working in the GST Department in the State of Kerala. All the contentions raised in the writ petition on facts as also the contentions based on the guidelines for transfer have been specifically considered by the learned Single Judge.
Thereafter, relying on binding judgments of the Apex Court, the learned Single Judge found that the appellant had already availed of one year grace period available under the guidelines, which ended on 30.4.2023. The learned Single Judge has also granted 15 days time for the appellant to join the transferred station.
In the facts and circumstances of the instant case and in view of the fact that transfer is admittedly an incident of service and the appellant is a member of uniformed service, who is statutorily bound to work anywhere in the country where he is posted, we are of the opinion that there is no
WA NO.1634 OF 2023 -: 5 :- justification for an interference in the judgment of the learned Single Judge in this intra court appeal. The appeal fails and the same is, accordingly, dismissed.
Sd/- ANU SIVARAMAN JUDGE Sd/- C. JAYACHANDRAN JUDGE Jvt/19.9.2023