PAWAN KUMAR MATHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) As per facts, the petitioner joined the Central Industrial Security Force [Hereinafter referred to as 'CISF'] on 23/8/2010. In the year 2018, while being posted in Agra Airport, the petitioner started suffering from cold and cough and was told by the Doctors that the same was due to cold air from air conditioners. As such, he was transferred to Indira Gandhi International Airport, New Delhi [Hereinafter referred to as 'IGI Airport'].

(2.) Upon visiting All-India Institute of Medical Sciences, New Delhi on 23/8/2021, the petitioner was again advised to stay away from the cold air from air conditioner. It is the case of the petitioner that as he was being harassed by two officials of the CISF, i.e. respondent nos.3 and 4, he filed an appeal to the Director General, CISF, which was of no avail. Irrespective thereto, the petitioner was declared in SHAPE II Category in medical fitness for the year 2023. Thereafter, the respondents transferred the petitioner lastly to Sivagangia, Tamil Nadu on 20/3/2024.

(3.) Aggrieved thereby, the petitioner has preferred the present petition under Article 226 of The Constitution of India seeking to set aside the aforesaid order passed by the Deputy Inspector General/Office of CISF, IGI Airport, New Delhi-respondent no.4 and further a direction to the Union of India/ respondent no.1 to provide him transfer as per Guidelines for transfer/ posting of the CISF personnel vide Circular number 22/2017 dtd. 25/9/2017 vide letter No.E-38011/1/2017/ Estt.ll/134 [Hereinafter referred as 'Guidelines"].