IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 27299 of 2011(J) ------------------------------------- PETITIONER(S): --------------------- NO.014501047 PRAMOD.K.K., CONSTABLE, CENTRAL INDUSTRIAL SECURITY FORCE, COCHIN PORT TRUST UNIT, COCHIN- 682 003. BY ADVS. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU CHEMPAZHANTHIYIL RESPONDENT(S): ------------------------ 1. THE SENIOR COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, COCHIN PORT TRUST UNIT, COCHIN-682 003. 2. THE INSPECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE (CISF), SOUTH SECTOR, CHENNAI-600 009. 3. THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE HEADQUARTERS, BLOCK NO.13, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI-3. BY ADV. SRI.T.SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.27299/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-P1 : MEDICAL CERTIFICATE DATED 11.8.2009 ISSUED BY THE COCHIN PORT TRUST HOSPITAL. EXHIBIT-P2 : COPY OF THE MEDICAL RECORDS ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCE. EXHIBIT-P3 : COPY OF THE RELEVANT PORTION OF ORDER NO.E-42099/CISF/AD/POSTING/ CPT/011-2476 DATED 20.6.2011. EXHIBIT-P4 : COPY OF THE REQUEST DATED 20.06.2011. EXHIBIT-P5 : COPY OF REQUEST DATED 2.7.2011 TO THE 2ND RESPONDENT. EXHIBIT-P6 : COPY OF THE JUDGMENT DATED 21.7.2011 W.P.(C) NO.17792/2011 OF THIS HON'BLE COURT. EXHIBIT-P7 : COPY OF THE ORDER NO.E-38014/CASE FILE/ESTT/2011/9493 DATED 7.10.2011. EXHIBIT-P8 : COPY OF THE REPRESENTATION DATED 14.10.2011 TO THE 3RD RESPONDENT. EXHIBIT-P9 : COPY OF THE DETAILS REGARDING RAMAGUNDAM CITY AS AVAILABLE IN WIKIPEDIA. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.R.RAMACHANDRA MENON, J. ---------------------------------------------------------------- W.P.(C) No. 27299 of 2011-J ---------------------------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T The petitioner has approached this Court, being aggrieved of the transfer effected pursuant to the completion of the tenure in Kochi. The petitioner, who is a Constable in the CISF, started working in the Cochin Port Trust from February 2008 onwards and on completing the tenure he was ordered to be shifted to Singreni in Andhra Pradesh. Met with the situation, the petitioner filed an application for alternate posting, stating that he is suffering from chronic allergy problems and that the location to which he has been transferred, being a coal mine area, it would aggravate his ill health condition. It was also stated that the petitioner was ready to move out from the present unit. 2. When the petitioner approached this Court by filing W.P. (C) No. 17792/2011, the same was disposed of as per Ext.P6 judgment, directing the 2nd respondent to consider and pass appropriate orders. It was in pursuant to that, Ext.P7 order has been passed, giving an alternate posting to the present location at Ramagundam. The case of the petitioner is that the present location is situated just 40 KM. away from the initial place of posting and 2 W.P.(C) No.27299/2011 that the said unit is also likely to aggravate the ill health condition of the petitioner. It is stated that the petitioner has approached the third respondent by filing Ext.P8 representation in the said circumstances. 2. Heard the learned counsel for the petitioner and the learned Central Government Counsel for the respondents. 3. The learned learned Central Government Counsel submits with reference to the contents of the statement filed before this Court, that the petitioner is not entitled to get any relief in view of the admitted sequence of events as narrated in the writ petition. It is stated that the apprehension expressed by the petitioner referring to the posting at Ramagundam is also quite out of place. Pursuant to the annual medical examination, the petitioner has been found perfectly in order for performing the duties anywhere in India and further that pursuant to the movement order, the petitioner has already been relieved from the post in Kochi. In the above circumstance, this Court finds that the petitioner 3 W.P.(C) No.27299/2011 has necessarily to join the place of posting at Ramagundam, which is an alternate posting provided by the respondents as per Ext.P7 order, in compliance with the direction given vide Ext.P6 verdict. It is also to be noted that, there is no vested right for the petitioner to dictate to the respondents to have a posting at the desired place. Further, being a member of the disciplined force, the petitioner is supposed to work anywhere in India, more so, by virtue of the terms of contract of service. However, if any genuine grievance is there with reference to his ill health condition, it is open for the petitioner to bring it to the notice of the authorities concerned, after joining duty at the concerned location at Ramagundam, upon which the same shall be considered in accordance with law. The writ petition is closed as no further orders are called for. P.R.RAMACHANDRA MENON, JUDGE rka 4 W.P.(C) No.27299/2011