SECRETARY Vs. P.S. VENKATESH

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 24/8/2021 passed by the learned Single Judge by which the writ petition preferred by the respondent has been allowed and the movement order dtd. 8/2/2021 by which the respondent was directed to report for temporary duty at Border Security Force (BSF), Odisha has been quashed.

(2.) Facts leading to filing of this appeal in nutshell are that the respondent joined the services of Border Security Forces (BSF) in the year 1984 as constable. The respondent was thereafter for a period from between from 1985 till 1999 was posted at different places such as Delhi, Tripura, West Bengal, Jammu and Kashmir, Gujarat, Haryana. The Respondent for a period from 1999 till 2011 was posted in Jammu and Kashmir, Punjab, Tripura as well as Shillong. Thereafter, he was posted in the year 2012 at Bangalore where he served till 2015. The respondent was again was posted in the State of West Bengal in the year 2016-17. The respondent was posted on 2/10/2018 at Bangalore.

(3.) The respondent was supposed to superannuate on attaining the age of superannuation on 2/10/2020. However, the age of superannuation was extended by a period of three years. The respondent on account of enhanced age of superannuation retired in the month of April 2023. The respondent was posted at Bangalore and a movement order dtd. 8/2/2021 was issued by which the respondent was required to report to BSF, Odisha for temporary duty.