mGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hon'ble Shri Satish K. Agnihotri, J. W. P.No. 764 OF 2003 Petitioner Respondente Versus 1. 2. J.N. Ahirwar, S/o Bansilal, aged about 34 years, Constable No. 894654143 in C.I.S.F, presently posted at C.I.S.E. Unit, Raipur Airport Mana, Raipur (CG) R/o C.I.S.F. Umt, Sector-3, BhUai, Distt. Durg (CG) Unionoflndia Through-The Director General Central Industrial Security Force C.G.O. Complex, 13th Block, Lodhi Road, New Delhi The Deputy Inspector Geheral, C.I.S.F. Unit, B.S.P. Bhflai, Sector-3, Bhilai, Distt. Durg (CG) Shri M.P.8. Bhatia counsel for ftie petitioner. Shri S.K. Beriwal, leamed Standing Counsel fbr Union oflndia/tespondent No.l. None for respondent No.2. ORALORDER (2nd February, 2006) The petitioner who is a constable in the Central Industrial Security Force (for short "C.I.S.F.") was posted at C.I.S.F. Unit, B.S.P-Bhflai. The petitioner was allotted appropriate residential quarter at Bhilai where he was residing along with his family members. The petitioner has been transferred jfrom B.S.P. Unit to C.I.S.F. Unit, Raipur Airport, Raipur by order dated 14.12.2001 (Annexure P-1). The allotment of residential quarter at BhUai continued and the petitioner was nioved for his job to Raip-ur Airport from C.LS.F. Unit Bhilai. The petitioner has filed this petition under Article 226 of the Constitution of India praying that the petitioner be granted either Traveling AUowance for traveling from Bhilai to Raipur everyday or residential quarter at Raipur. 2. Leamed counsel appearing for the petitioner submite fhat admittedly other simUarly situated constables who perfbmi 'A' and general shift duties are availitig transport facility j&om Bhilai C.I.S.F. Unit, Bhilai to Raipur Airport to and fro but the petitioner and other similarly situated persons who are working in 'B' and 'C' shifts are not provided any bus faciUty or any residential quarter near fhe Raipur Airport. The petitioner is facmg serious problem in commuting everyday not only in wasting time but is wastmg money from his pocket also. -ai- -z.- Priya 3. Leamed counsel appearing for tfae respondents submit that it is not possible to provide bus facUity from Bhilai to Raipur to each and every persomiel who have been directed to perfbmi duties at Raipur Airport. Leamed counsel for the respondents has no reply to query as to why the petitioner has been allotted a Govemment quarter in Bhilai when he is working af Raipur Airport. 4. I have heard the leamed counsel for the parties and pemsed the records. It is evident and admitted in the retum filed by the respondents that transport facility is being provided to some of fhe constables who are workingin A-shift and general shift duties. There is no reason assigned for this discrimmation except that it is not possible to provide transport facilities to all the persomiel who are attending their duties daily at Raipur Airport. OfBce Memorandum dated 26.2.2001 (Annexure R-3) issued by Ministry ofFmance clearly provides for composite transfer grant to the Govemment servants where the distance between the two stations is more than 20 Kms and there is no change in the provision of residential quarter. In the present case, there is no change ofresidence for the petitioners who are working at a distance around 45 kms. The petitioners are entitled to either regular transport facility or transport allowances or residential quarter near Raipur Aiiport. 5. For the reasons stated above, respondents are directed to consider the case ofthe petitioner for grant oftransport facility or transport allowance or allotment of residential quarter nearRaipur Airport within a period offour weeks from the date ofreceipt ofa copy ofthis order. 6. The petition is atlowed to the above extent. No order as to costs. Sd/- Satish K. Agnihotri Judge