IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 403 of 2009(W) ------------------------------------- PETITIONER(S): ---------------------- CT/GD G. SANTHOSHKUMAR, NO. 920420566, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM. BY ADVS. MR.G.SASIDHARAN CHEMPAZHANTHIYIL MR.S.VISHNU RESPONDENT(S): ------------------------ 1. THE ADDL. DEPUTY INSPECTOR GENERAL OF POLICE, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, PALLIPURAM RANGE, PALLIPURAM, THIRUVANANTHAPURAM - 16. 3. THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, CGO COMPLEX, LODHI ROAD, NEW DELHI. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.403/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE KIMS HOSPITAL. P2:- COPY OF THE RELEVANT PAGES OF THE HEALTH CARD IN RESPECT OF THE PETITIONER. P3:- COPY OF THE RELEVANT PORTION OF THE TRANSFER ORDER NO.T.IX-2008-ESTT.II DT. 24.9.08. P4:- COPY OF THE SUBMISSION DT. 27.9.08 TO THE 2ND RESPONDENT. P5:- COPY OF THE ORDER N.T.IX.I/08-EC-1 DT. 21.10.08. ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE ORDER NO.T.IX-I/2008-ESTT.II DT. 9.12.08 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE REPRESENTATION DT. 30.12.08 TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE STANDING ORDER 2/08. R1(b):- COPY OF THE LETTER NO.T.IX.I/08-EC-II DT. 24.9.08. R1(c):- COPY OF THE LETTER NO.T.IX.1/080EC-II DT. 17.10.08. R1(d):- COPY OF THE LETTER NO.T.9/1/ADM-II DT. 25.11.08. R1(c):- COPY OF THE LETTER NO.T.IX.I/08-ESTT-II DT. 9.12.08. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.403/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of March, 2009 J U D G M E N T The petitioner is working as a Constable in the Central Reserve Police Force from the year 1992 onwards. The petitioner has already served various centres like Srinagar, State of Andhra Pradesh, Manipur and Assam. Finally, he joined Pallippuram on transfer from Srinagar in June 2005. 2. He met with an accident on 28/10/2007 when the motorcycle which he was driving was hit by a heavy vehicle. He sustained severe injuries and was hospitalised in the Kerala Institute of Medical Sciences from 28/10/2007 to 08/11/2007. Ext.P1 is the Medical Certificate evidencing the same. 3. After the discharge from the said hospital, he was admitted to the Group Centre Hospital, Pallippuram from 10/11/2007 to 17/11/2007. After discharge from the said hospital, he was assigned light duties as it was impossible for him to get back to normal duties. He was also undergoing continuous medical treatment on account of the head injuries. The health record in this regard is evidenced by Ext.P2 series. It is averred in the writ petition that in the annual medical examination conducted on 28/10/2008, the petitioner has been categorised as SHAPE III which would indicate that W.P.(C) No.403/2009 -:2:- he has not yet fully recovered. 4. Presently, he is aggrieved by the order of transfer, Ext.P3, whereby he was transferred from Pallippuram to Chattisgarh. 5. In view of the injuries suffered by him and in view of the continuous treatment being undergone by him, he sought for retention in the present station for one more year as per Ext.P4. The petitioner has averred that subsequently, he was granted a personal interview and the competent authority, the second respondent, thereafter, as per Ext.P5 allowed him to be retained till 31/03/2009. Subsequently, by Ext.P6 dated 09/12/2008, the said order was cancelled. The cancellation was in the light of the circular issued by the third respondent to relieve personnel who are under orders of transfer. In these circumstances, he filed Ext.P7 representation before the third respondent detailing his present circumstances and hardships. 6. The respondents have filed a counter affidavit explaining the reasons for transfer. Mainly, it is contended that the petitioner has already completed three years in Pallippuram. As per the transfer policy of executive force personnel in C.R.P.F, normal stay on posting in a Group Centre/Static Institution/Office should not be more than three years. The same has been produced as Ext.R1(a). It is pointed out that, as per Ext.R1 (b) order, as he had completed three years in Pallippuram, he was ordered to be transferred. The application submitted by the petitioner was examined W.P.(C) No.403/2009 -:3:- and thus he was granted retention upto 31/03/2009. The said letter is produced as Ext.R1(c). 7. It is pointed out that the Directorate General, C.R.P.F, New Delhi, has taken serious view on retention of personnel who have completed three years tenure in static locations like the Group Centre and directed to relieve all such personnel immediately for accommodating eligible personnel awaiting their turn for posting to Static institutions like Group Centre. It is in the light of the directions thus issued that the order issued in his favour was cancelled. 8. The petitioner has filed a reply affidavit explaining that it is because of medical reasons he has sought for deferment of transfer. 9. Now that the order retaining him in Pallippuram has been cancelled, it is upto the third respondent to reconsider Ext.P7 based on various medical reports and other factual reports submitted by the second respondent. This Court will not be justified in going into the various documents like the medical reports and decide whether the petitioner could be retained in Pallippuram. It is entirely for the third respondent to take a decision in the matter after considering the various aspects, including the guidelines for transfer. 10. Therefore, the writ petition is disposed of directing the third respondent to consider Ext.P7 along with the other materials like medical W.P.(C) No.403/2009 -:4:- reports etc. and appropriate orders will be passed within a period of six weeks from the date of receipt of the copy of this judgment. The learned counsel for the petitioner made a fervent plea to permit the petitioner to be retained here till orders are passed, in view of his serious ailments. It is upto the third respondent to consider whether he can be retained at Pallippuram till a final decision is taken, as directed above. (T.R. Ramachandran Nair, Judge.) ms