IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 12427 of 2009 Between: T.T Reddy S/o.T.Ram Reddy E.No.753280269 NRSC,Balanagar Hyderabad ..... PETITIONER AND 1 The Government of India rep.by its Director General of Central Industrial Security Force(CISF) Lodhi Road New Delhi 2 Inspector General(SS) of Central Industrial Security Force South Zone Head Quarters,Besant Nagar Chennai 3 The Inspector General Central Industrial Security Force South Sector HQ Chennai 4 The Deputy Commandant Central Industrial Security Force(CISF) NRSC Balanagar,Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the transfer order dt 9-6-2009 in so far the petitioner at the fag end of retirement from NRSA.Balanagar,Hyderabad to CISF unit DIOM(DONIMALA) Karnataka State is illegal,arbitrary and unjust and consequently direct the respondents to continue the petitioner in and around the Hyderabad District in any one of the unit and pass Counsel for the Petitioner:MR.B.SHIVA KUMAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER :- The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking writ of Mandamus declaring the action of Respondent No.3 in issuing the transfer order dated 09.06.2009 in so far as the petitioner at the fag end of retirement from National Remote Sensing Centre, Balanagar, Hyderabad to Central Industrial Security Force Unit, DIOM (DONIMALAI) Karnataka State as illegal, arbitrary and consequently direct the respondents to continue the petitioner in and around the Hyderabad District. 2. The brief facts are that he was appointed as a Constable in the respondent Central Industrial Security Force (for short ‘Force’) on 05-08-1975 and he had put in a total service of thirty-four years and as on date, he is working at National Remote Sensing Centre, Balanagar under the control of the Deputy Commandant, Central Industrial Security Force. According to him, he was born on 19-07-1951 and is due for retirement on attaining the age of superannuation on 31-07-2011. Though he has only two years of service and as per the circular issued by the Force, the petitioner is to be accommodated at the place of his choice, he is transferred from National Remote Sensing Centre, Balanagar, Hyderabad to Central Industrial Security Force unit, DIOM (Donimalai), Karnataka state by proceedings dated 09-06-2009. According to the petitioner, he gave a representation to respondent Nos.2 and 3 to consider his case on sympathetic grounds keeping in mind the circular No.1 of 2008 to retain him either at Hyderabad or any place in and around Mahaboobnagar District of Hyderabad. However, as the said representation is not yet considered, he approached this Court and filed the present writ petition. 3. The Assistant Solicitor General appearing for respondent Nos.1 to 4 took notice. 4. Heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General. 5. From a perusal of the affidavit and also the material papers annexed to the said affidavit, there is no controversy so far as the factual matrix is concerned. The petitioner was born on 19-07-1951 and he is due to retire from service on 31-07-2011. Clause 11 of Circular 1 issued by respondent No.1 read as follows: As far as possible, no Central Industrial Security Force personnel will be posted to a unit in their home district and neighbouring home district. However, the persons who are on the verge of retirement within three years may be posted to a unit in their district or 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 all concerned will therefore, maintain details of home district of each personnel in their posting profile. Apparently, the petitioner is posted in the present unit about four years back as Head Constable and he sought to be transferred to a far off place in the state of Karnataka contrary to the said circular instructions. The very purpose of issuing such certain instructions is to see that a person, who is to retire, if posted at a place which is nearer to his work place, would be in a better position to settle peacefully. By the impugned action of transfer of the petitioner from Hyderabad to a remote place in the state of Karnataka, in my considered view, the petitioner has to face any amount of hardship. However, as the representation dated is very much pending consideration, this Court is of the view that it is for the authorities to apply their mind and pass necessary orders retaining the petitioner either at the place he is working or anywhere nearer to his home town. 7. Accordingly, this writ petition is disposed of with a direction to consider and pass necessary orders keeping the above observations in mind within a period of three weeks from the date of receipt of this order. Till such time, the said order of transfer transferring the petitioner from National Remote Sensing Centre, Balanagar, Hyderabad to Central Industrial Security Force unit, DIOM (Donimalai), Karnataka state shall not be given effect to. _____________________ T.GOPALA KRISHNA, J June 25, 2009 AMD/KSH