HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 02-06-2010 WRIT PETITION No.23904 OF 2008 Between: J. Surinder Reddy. …Petitioner. And: The Government of India, represented by its Secretary, Ministry of Home Affairs, South Block, New Delhi and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.23904 OF 2008 ORDER: This Writ Petition is filed seeking to declare the transfer order of the petitioner dated 1-10-2008 issued by the 4th respondent as arbitrary, illegal and consequently, set aside the same. The case of the petitioner, in brief, is as follows: The petitioner filed this writ petition aggrieved by the transfer order issued by the 4th respondent vide his proceedings- wireless Signal No.T.IX-2/2008-EC II dated 1st October, 2008 transferring him from the 5th respondent location to the 90 CRPF Battalion location presently deployed in Jammu and Kashmir, with the direction to relieve him from the present place of posting with immediate effect, without taking into account that since 2003, he has been not medically fit to serve the field/forward area. He has been suffering from Pulm Tuberculosis and the CRPF Doctors have placed him under P-5 Medical Category. During the year 2002 to 2004, he has already served the field/forward area of Jammu and Kashmir when he was posted in 98 CRPF Battalion. He has completed more than 18 years of service in CRPF and during that period, the petitioner has served almost all the difficult and forward areas of Assam, Nagaland, Mizoram and Jammu and Kashmir. The 4th respondent has willingly transferred the petitioner to 90 CRPF Battalion only to adjust his subordinate or close relative in his place. He needs regular treatment and medical checkup and medicines required for such ailment are available only at selective places. He submitted his representation dated 13-10-2008 addressed to the 2nd respondent with a request to transfer him to 99 CRPF Battalion of Rapid Action Force located in Ranga Reddy or CRPF Group Centre, Hyderabad to enable him to avail the best available medical facilities for the treatment of his ailment. Hence, this Writ Petition. A counter affidavit has been filed by the respondents in which it has been stated as follows: The petitioner is suffering from HIV+ve since 9/12/2002 and has been under medical treatment from the Hospital CRPF Ranga Reddy since posting to GC, CRPF, Ranga Reddy. He is enjoying static posting in GC, CRPF, Ranga Reddy w.e.f. 25-1-2005 and was performing light duties. Consequent on completion of his normal tenure of 3 years at GC, CRPF, Rangareddy, he was posted to J &K based 90 Battalion from GC CRPF Ranga Reddy by the DIGP, CRPF, Ranga Reddy as per Standing order No.10/2001 which has now been superseded by Standing order No.2/2008 along with 59 personnel of Ranga Reddy Range. As on date, in Group Centre, CRPF, Rangareddy 40 personnel, who are suffering from various ailments including chronic illness like TB, Heart disease, diabetes, HIV+ etc., are on light duty and on completion of their normal tenure in GC, CRPF, Rangareddy, they are being transferred to field formations to rotate other personnel from field units those are waiting for their static postings like GC, CRPF, Rangareddy to look after their family etc., Consequent on completion of 3 years of normal tenure at static formation i.e., GC, CRPF Rangareddy above Ct/GD has been transferred to 90 Bn., CRPF by the DIGP, CRPF, Rangareddy in accordance with the Standing Order No.2/2008 vide their signal No.T.IX-2/2008-EC-II dated 1/10/2008. The contention of the petitioner that he will not get regular medical treatment and medical check up, medicines required for his ailment in field formation is self contradictory. Unit Hospitals are posted with experienced Doctors and are well equipped with medicines for handling chronic diseases including HIV+ cases. In case of any serious illness, cases are also referred to nearest composite Hospital CRPF, Jammu Civil Hospital and Government Medical College at Srinagar for further treatment. After issuance of posting orders, the petitioner did not submit any representation dated 13-10-2008 requesting his transfer to 99 Bn. CRPF, Rapid Action Force located in Ranga Reddy or Group Centre, CRPF, Hyderabad. The petitioner has completed his normal tenure in Static formation and accordingly, he has been transferred to field formation further to serve in a field formations in accordance with the Standing Order No.2 of 2008 so as to enable other eligible personnel of field formations who are waiting for more than 6 years for their turn to serve in static formations. Hence, the transfer order issued by the 4th respondent dated 1-10-2008 is lawful and legal. Heard the learned counsel and perused the material available on record. On 4-11-2008, this Court while admitting the writ petition granted interim suspension of the impugned transfer order dated 1- 10-2008 and directed the respondents to permit the petitioner to discharge his duties at Group Centre, C.R.P.F., Hakimpet Post, Secunderabad until further orders and ordered notice. The main grievance of the petitioner is that in spite of consuming medicines, he needs to be posted to a place where medicines are available and needs to be entrusted with light duty. In this connection, he made a representation dated 13-10-2008 to the respondents-authorities which was not considered. Though it is stated in the counter to the effect that after issuance of posting orders, the petitioner did not submit any representation dated 13-10-2008 requesting his transfer to 99 Bn. CRPF, Rapid Action Force located in Ranga Reddy or Group Centre, CRPF, Hyderabad, considering the grievance of the petitioner and in view of the facts and circumstances of the case, this Court feels it a fit case wherein the petitioner can be given an opportunity to make his representation afresh. Accordingly, this Writ Petition is disposed of giving an opportunity to the petitioner to make an appropriate representation along with a copy of the representation already submitted by him to the respondent-authorities, within a period of two weeks from the date of receipt of a copy of this order and thereafter, the respondent-authorities are directed to dispose of the same in accordance with law. Till such time, the interim order granted by this Court on 4-11-2008 in W.P.M.P.No.31151of 2008 in this Writ Petition shall continue. No costs. __________________________ JUSTICE G.CHANDRAIAH Dated 02-06-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.23904 OF 2008 Dated 02-06-2010