IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3327 of 2009 NO.991411067 CT/GD CHANDRIKA PRASAD YADAV @ CHANDRIKA PRASAD Versus THE UNION OF INDIA & ORS ----------- 4/ 11/05/2009 This Court on 27.4.2009 had queried from the learned counsel for the petitioner about the territorial jurisdiction of this Court in the matter in view of the fact that the petitioner has been transferred from New Delhi to Tripura. Learned counsel for the petitioner then filed a supplementary affidavit stating that the Unit/Company of the C.R.P.F. to which the petitioner belongs is a Bihar based cadre under the superintendence, control and administration of the Inspector General of Police, C.R.P.F., Patna at Rajeev Nagar. Learned counsel for the Union of India after taking instructions submits that the contention of the petitioner is correct to that extent. The petitioner is a constable in the C.R.P.F., a para military force. The submission is that he has undergone a Kidney Transplant Operation at New Delhi. His fresh posting shall not be conducive to his physical health as proper Nephrology facilities are not available at Tripura. It is next submitted from the pleadings of facts 2 in paragraph Nos.20, 21 and 22 on the submission that in similar circumstances other constable /havildar in the C.R.P.F. who had undergone Kidney Plantation Surgery have been given postings commensurate with availability of Nephrology Treatment Facilities at the station concerned. The submission, therefore, is limited to the extent that the petitioner may be considered for posting at a place where Nephrology Treatment Facilities are easily accessible to the petitioner in view of his medical condition. Learned counsel for the Union of India submits that the pleadings of facts in paragraph Nos.20, 21 and 22 are matters for verification. The medical condition of the petitioner either ways is an aspect to be appropriately kept in mind by the authorities while giving him proper posting. Matters of transfer and postings are the privilege of the employer unless issued of statutory violations etc. arise. Presently this Court is not satisfied that any ground has been made out to warrant interference by this Court at this stage. Even while this Court keeps in mind that the petitioner is an employee in a para military force, the discipline of which should not be lightly interfered with by this Court, equally important is the issue of the responsibility of the employer to ensure 3 the physical status of the employee to enable the employee to discharge his duties. The writ application is disposed with the observation that the authorities in the C.R.P.F. shall consider request of the petitioner in accordance with law in light of the discussion as aforesaid. The writ application stands disposed. This Court expects that the respondent shall not unduly delay a decision in the matter so as to create further complication both for the petitioner and themselves. KC (Navin Sinha, J.)