THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 21364 of 2010 O R D E R: Heard Sri G. Vidya Sagar, learned counsel for the petitioner and Sri A. Radha Krishna, learned Central Government Standing Counsel for the respondents. This Writ Petition challenges the orders that are passed on 18.08.2010 and 19.08.2010 whereby the writ petitioner’s request for deferment of his promotion and posting till the end of April 2011 on the ground that his daughter is pursuing the II year of the two year Intermediate course in Andhra Pradesh has been turned down and he has been promoted as a Head Constable and posted to Delhi Metro Rail Corporation, Delhi. He was asked to join on 20.08.2010. The writ petitioner is employed as a Constable with the Central Industrial Security Force, an armed force of the Union. The writ petitioner has served at various places earlier and he has been transferred and posted at Hyderabad in the year 2006. Ever since then, his children have been prosecuting studies in Andhra Pradesh. His daughter is currently prosecuting the II year of the two year Intermediate course at Hyderabad. In terms of the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974, the Presidential Order promulgated in terms of clause 1 of Article 371D of our Constitution, if a candidate has prosecuted his/her studies continuously for a period of four years, in one particular area/region of the State of Andhra Pradesh, he/she is liable to be treated as a local candidate for the purpose of admission to higher education. If the writ petitioner’s daughter were to be disturbed, at this point, she will be denied the benefit of being treated as a local candidate for admission into various educational institutions in Andhra Pradesh thereafter. Therefore, keeping this factor in mind, the writ petitioner has solicited his retention in Hyderabad till the end of April 2011. He has also offered to forego his right of promotion to the post of Head Constable. However, by the impugned orders, the request has been turned down. It is a settled principle of law that the interests of the organization/employer far outweigh than those of the employees. The call of the duty, particularly of a constable attached to the Central Industrial Security Force being what it is, is liable to serve across the breadth and length of the country. If the request of the writ petitioner were to be considered, the manpower deployment might become difficult for the managers of the Force. Therefore, in the interests of the organization, which far outweigh than the interests of the individual, the request of the writ petitioner has been turned down. I cannot find fault with the same, but however, the respondents ought not to have lost sight of the fact that his family members were in occupation of an accommodation granted by them and if they were to be uprooted at this stage, his daughter will lose the benefit of staking claim for admission to any higher educational institutions in Andhra Pradesh as a local candidate later on. Education of the children of employees is of a very paramount consideration. Every parent owes a duty nay responsibility to ensure that their children pursue their education and prosper in life. Keeping this factor in mind and particularly, when a girl student is prosecuting her two year Intermediate course, I consider it appropriate to direct the respondents to permit and allow the family members of the writ petitioner to continue to occupy the Government accommodation/quarters allotted to him at Hyderabad till the end of May 2011, subject to payment of normal charges of lease/licence and also subject to payment of the consumption charges towards electricity and water. It is only made clear that the respondents, under no circumstances, shall evict them and also shall disconnect power or water supply to the said quarters. This will enable the daughter of the writ petitioner to pursue her education at Hyderabad without any let or hindrance or interruption. However, I am not interested in staying the operation of the order of transfer of the writ petitioner on promotion as a Head constable. Since he has approached this Court and solicited reasonable period of time for reporting to duty, I consider it appropriate to grant him time till 07.09.2010. If the writ petitioner joins duty at Delhi on or before 07.09.2010, it shall not be construed that he has not complied with the impugned orders of transfer and he shall not be subjected to any disqualification/disciplinary proceedings on that score. Subject to what has been stated supra, the Writ Petition is disposed of at the stage of admission. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 27th August 2010 ksld