IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10507 of 2007 Between: P.R.Reddenna S/o.late Basi Reddy O/o.Malkapuram, Vizag. ..... PETITIONER AND 1 The Deputy Commandant HPCL The Deputy Commandant, HPCL., Vizag. 2 The Group Commandant CISF Group The Group Commandant, CISF Group, Head Quaters, Hyderabad [A.P.]. 3 The Director General Central Industrial Security Force Head Quaters The Director General, Central Industrial Security Force Head Quaters, 13-CGO's Complex, Lodi Road, New Delhi - 110 003. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, delcare the impugned proceediangs No.E-38014/Posting/Adm- I/HPCL/2007-560, dated 04.05.2007n issued by the 1st Respondent by transferring the petitioner from HPCL CISF Unit, Vizag to CISF Unit ONGC, Naizra, which is at North Eastern Sector, Assam, though the petitioner is suffering with Medical problem and also his children's are studying higher education is a illegal, arbitrary and inviolation of principles of natural justice and consequently direct the respondents to continue the petitioner in the same place i.e., at HPCL CISF Unit, Vizag Counsel for the Petitioner:MRC.RAJA SEKHAR REDDY Counsel for the Respondent No.: MR.A.RAJASEKHAR REDDY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10507 of 2007 ORDER: The petitioner was appointed as a Constable in the CISF in the year 1985. He was transferred to the Unit of HPCL at Visakhapatnam on 23.09.2004. Vide orders, dated 04.05.2007, the 1st respondent transferred the petitioner to the Unit of ONGC at Naizra. The petitioner challenges the same. He contends that his children are undergoing education at Visakhapatnam and they are about to complete their respective courses. It is also stated that the petitioner is undergoing medical problems and on account of the same, he is being assigned light duties, whereas he would be required to discharge heavier duties at Naizra. The petitioner also submits that the climatic conditions at Assam would not suit his health. The respondents filed a counter affidavit, stating inter alia that out of 20 years of service, the petitioner remained in the State of Andhra Pradesh for a period of 15 years. They contend that a Member of CISF is under obligation to serve at any place in India. The various proceedings relating to the petitioner are also filed. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner is a Member of para military force, which is entrusted with the safety and security of industrial and other establishments, all over the country. To ensure the balanced way of posting of Members of the said force, the Government of India had evolved policies from time to time. The gist of the said policies is that by the end of service, a Member is posted in the home State at least for half of his tenure. In the instant case, out of 23 years of service rendered by the petitioner, so far, ever since his appointment, he remained in the State of Andhra Pradesh almost for 15 years. Further, the first three years i.e., from 23.08.1985 to 04.07.1989, was for training at Dhanbad in the State of Bihar and the second spell of three years i.e., from 05.07.1989 to 01.04.1992, was in Madhya Pradesh. Ever since 02.04.1992, he is in the State of Andhra Pradesh, except for a brief spell of three months in the State of Tamilnadu in the year 1998. Hardly we come across the postings of this nature, enabling the Member of a post to remain in his home State. The continued stay, in fact, would encourage indiscipline in the para military force. The petitioner himself pleaded that his case may be considered for continuation at Visakhapatnam till the end of the academic year. On account of the interim order granted by this Court, more than one year has elapsed. So far as the health grounds pleaded by the petitioner are concerned, facilities are available at every unit and the petitioner cannot insist that he must remain at Visakhapatnam alone. Though it is represented that the petitioner may be transferred to any other station, this Court cannot undertake such an exercise. It is for the petitioner to make a representation, after joining the station, to which he is transferred. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 14.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{NNK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10507 of 2007 Date: 14.08.2008 JSU