MOH. MAZHER KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Somkant Verma, learned counsel for the petitioner as well as Mr. Ramakant Mishra, learned Deputy Solicitor General for the Union of India/respondent No.1 and Mr. Shailendra Shrama, learned Panel Lawyer, appearing for the State/respondent No.2.

(2.) The petitioner has challenged the illegality and validity of the impugned order dtd. 16/2/2017 whereby the respondent No.1 has rejected the representation filed by the petitioner for allocation of his service from State of Chhattisgarh to State of Madhya Pradesh. The petitioner has filed the instant writ petition with the following reliefs:-

(3.) Brief facts for disposal of this writ petition are that, the petitioner is an employee of Police Department and is presently working as Constable (Telecommunication) in S.P.(T/C) at Bilaspur. According to the petitioner, he is permanent resident of State of Madhya Pradesh and his wife Smt. Anjum Bano is also a Government employee in the State of Madhya Pradesh. One Mr. Ajeet Kumar Khess, who is a resident of State of Chhattisgarh, was working in the State of Madhya Pradesh as Head Constable (Radio) at Balaghat and both of them want allocation of their services to their respective States on mutual ground, they moved a joint application on 25/27/3/2008 before the State of Madhya Pradesh in this regard, which was duly supported by their affidavits. Upon receiving the said application, it was forwarded to the State of Chhattisgarh by the State of Madhya Pradesh vide its letter dtd. 22/4/2008. However, the said joint application of the petitioner was rejected by the Director General of Police, State of Chhattisgarh, vide its order dtd. 19/8/2008 on the ground that there is shortage of Police Force in the State of Chhattisgarh and if the petitioner is permitted to go to State of Madhya Pradesh on allocation, anti-naxal operation would be adversely affected.