SWAPAN KUMAR ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed, inter alia, challenging the order dtd. 13/3/2012 issued under Clause 1(b) of Rule 48 of Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the 'said Rules') thereby, compulsorily retiring the petitioner from services.

(2.) Shorn of unnecessary details, the facts are that the petitioner had been employed in the Central Industrial Security Force (hereinafter referred to as the 'CISF') and at the relevant point of time was posted at CISF Unit, Kolkata Port Trust.

(3.) It is the petitioner's case that he was appointed on 30/12/1981. Subsequently, he was promoted to the post of Head Constable in the month of May, 2002. The petitioner claims that he has a specially abled daughter and for her education he had been residing at his quarters in Taratala. It is for his daughter's education that he had requested that he be retained in Kolkata and had also requested for cancellation of the order of his transfer from Durgapore to Assam. Since, his request was not adhered to he was constrained to move a writ petition which was registered as CO. no 13470 W of 1996. On contested hearing a Co-ordinate Bench of this Hon'ble Court by an order dtd. 18/9/1996, was, inter alia, pleased to allow the writ petition, thereby, quashing the order of transfer dtd. 6/8/1996. Records revealed that the petitioner was constrained to move yet another writ petition which was registered as WP no. 21449 (W) of 2011. By an order 22/12/2011, a coordinate bench of this Hon'ble Court taking into consideration the case of the specially abled child of the petitioner had permitted the petitioner to make a substantive representation to the respondent no. 3 for changing the location of his transferred posting from Mejia to Durgapur taking into consideration the Central Government circular dtd. 5/1/1993.