HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15628 of 2011 Date of Order:10.06.2011 Between: Abdul Mukthadir ..Petitioner and Central Government of India, rep. by its Director General of CISF & others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.15628 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the impugned transfer order vide Office Memorandum, dated 19.05.2011, by the 3rd respondent transferring the petitioner from BDL, Bhanoor Unit to CPT Unit at Chennai (Tamilnadu) as illegal and arbitrary and contrary to the Circular No.13/2007, dated 08.07.2007, and consequently set aside the same. 2. The brief facts, that are necessary for disposal of this writ petition, are stated as follows:- The petitioner was appointed as a Constable in CISF in the year 1975 and he was promoted as Sub-Inspector. From the date of joining into service, the petitioner was discharging his duties to the satisfaction of his superiors and had worked at various places. The petitioner is presently working in the 3rd respondent unit. The petitioner is on the verge of retirement having left over service of 20 months and he is due to retire on 18.02.2013. While the matter stood thus, surprisingly, the 3rd respondent affixed on the notice board a list of transferred persons and the petitioner’s name was figured at Sl.No.1 and he was transferred from BDL, Bhanoor to CPT Chennai and that he shall have to be relieved and reported to the new place by 30.06.2011. Hence, the writ petition. 3. Learned counsel for the petitioner contended that the petitioner has got only less than two years of service and as per the circular instructions, dated 08.10.2007, he is entitled to be transferred to the home town or near to the home town, for which he made an application to consider his case. 4. Sri M.Vijaya Bhaskar, learned counsel for the respondents produced the copy of instructions, which would go to show that the transferred employee can make a request after joining in the new station. 5. As per the circular instructions, dated 18.10.2007, under guideline No.8 with regard to the posting tenure at retirement age, it is stated that as far as possible no CISF personnel will be posted to a unit in their Home District and neighbouring Home District, that however, the personnel who are on the verge of retirement within 3 years may be posted to a unit in their District/neighbouring District as far as possible within the ambit of administrative convenience so that he, as far as possible, gets a full two years’ term and that all concerned will, therefore, maintain details of home district of each personnel in their posting profile. 7. From the above guidelines, it is clear that the case of the petitioner has to be considered by competent authority. But, however, in view of the fact that he was transferred along with several other persons, it is appropriate to direct the petitioner to make an application to the concerned authority through proper channel after joining in the place to which he is transferred and thereafter the concerned authority shall take appropriate decision in considering the request of the petitioner as per Guideline No.8 of the Transfer Policy. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________ K.C.BHANU, J June 10, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15628 of 2011 Date: 10.06.2011 LMV