R SANTHOSH KUMAR Vs. DIRECOR GENERAL, CISF, HEADER QUARTERS; INSPECTOR GENERAL,CISF, SOUTH SECTION; DEPTY INSPECTOR GENERAL,CISF, SOUTH ZONE; GROUP COMMANDANT,CISF, GROUP HEAD; VIDYADHARAN, ASSISTANT COMMANDANT

JUDGEMENT

(1.) Petitioner is a Constable working in the Central Industrial Security Force. He was transferred to Neyveli. By Ext.P2, on his request, the same was ordered to be deferred till May 2010. Petitioner states that such an order was passed taking into account the ailment of his mother who is a cancer patient. Ext.P1 is the medical certificate that is relied on by the petitioner in support of this plea.

(2.) However, by Ext.P5, Ext.P2 was ordered to be withdrawn and the reason stated is "administrative reasons". Petitioner submits that Ext.P5 was issued at a time when Ext.P3 application submitted by him for voluntary retirement was pending. According to the petitioner, during the pendency of an application for voluntary retirement, in terms of the guidelines applicable to the CISF, an employee is liable to be excluded from transfer. It is also stated that going by Ext.P7 guidelines, though CISF personnel cannot be allowed to serve in their home state for more than two consecutive tenures, an exception has been made in cases where family members are suffering serious ailments. It is stated that since his mother is seriously ill as certified in Ext.P1, he is entitled to be excluded from transfer for that reason as well.

(3.) A statement has been filed by the respondents. Although the plea of administrative exigency mentioned in Ext.P5 has been reiterated, no explanation is stated as to what were the administrative exigencies which led them to cancel Ext.P2 order.