HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1657 of 2008 Dated: 04-02-2008 Between: M.V.Rao. … Petitioner And The Director General, Central Industrial Security Force, New Delhi & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1657 of 2008 ORDER: Petitioner is working as a Constable in the Central Industrial Security Force. In this writ petition, he has questioned the order of 2nd respondent passed in Message No.E-38014/Estt (VPT)/SS/2007/2848, dated 10th of October 2007, transferring him from Visakhapatnam to Manali and also the order of the 3rd respondent dated 12th of January 2008 issued in proceedings No.E-38014/VPT/ADM.II/Posting/08/ 309, by which, his request for personal interview with Director General of CISF was rejected and further instructions were issued to submit his clearance certificate for issuing the Movement Order. The petitioner has questioned his transfer from Visakhapatnam to Manali mainly on two grounds, namely, that he met with an accident earlier, in which, he sustained injuries to his right Ankle and is categorized as Medical Shape-II and as such, he cannot be transferred. The second ground is that his daughter is studying in Central School at Vizag and she is appearing for 10th Class Board Examinations at the end of the Academic year 2007-08 and his transfer at this juncture would disturb her studies. On instructions, it is submitted by the learned Assistant Solicitor General Sri A.Rajasekhara Reddy appearing for the respondents that earlier, the petitioner has worked in Vizag from 06.06.2001 to 15.06.2005 and he was transferred by order dated 15.06.2005 to Manali. It is stated that the petitioner did not join at Manali, but overstayed at Vizag on his own, without any authorization, for which, separate disciplinary proceedings were initiated. It is submitted that the petitioner has joined his duties at Manali on 05.04.2006 with a delay of about 268 days. During the pendency of the proceedings, it is submitted that considering the request of the petitioner, he was posted at Vizag for a further period of one year. Even after expiry of that one year period, again, he is trying to overstay at Vizag. From the above submissions, it is clear that it is a case where the petitioner had served for about four long years at Vizag i.e. from 06.06.2001 to 15.06.2005 and inspite of granting specific time frame, he did not join at the transferred place i.e. Manali. But however, he joined at Manali after a delay of 268 days i.e. on 05.04.2006. Even then, considering his request, he is again posted for a fixed period of one year at Vizag. Asmuch as the very posting itself is for a period of one year, again for the period beyond 16.08.2007, he is continuing at Vizag without any permission or authorization by the competent authority. It is well settled that transfer is an incidence of service and in particular, the employees who are serving in disciplinary forces like CISF, Armed Reserved Forces, etc, are to be posed as to the requirement of manpower. It appears from the chain of events submitted by the learned Assistant Solicitor General appearing for the respondents that on one ground or the other, the petitioner is trying to continue at Vizag. If any hardship is there, it is open for the petitioner to make an application for his retention at Vizag, but the same is not a ground warranting interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution. For the aforementioned reasons, the writ petition is dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 4th February 2008 ajr