TAPABRATA DHAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner is a Constable of the Border Security Force. He has been transferred to the 3rd Battalion at Tripura. He is a patient of rheumatoid arthritis for which he has been under treatment in Kolkata. The petitioner appearing in person submits that he has enormous problem in movement and it will not be possible for him to stay in Tripura which is far off from the Kolkata.

(2.) Mr. Krishna Moorthy, the Law Officer, Border Security Force, represents the respondents and submits that as per the deployment pattern in BSF, the BSF Battalions are supposed to move from one place to another in every three years and as per the Rules the maximum tenure of a BSF Battalions in a Frontier shall be six years. The petitioner was deployed to South Bengal Frontier and was posted here from July 15, 2011 and in the process had completed 32 years of his service in BSF, he had spent more than 20 years in West Bengal.

(3.) The respondents have taken a point that since the petitioner was treated at the Out Patient Department of the concerned hospital in Kolkata the same medical facilities can be availed at Tripura also, which also has a recognised hospital. The petitioner submits that on October 16, 2017 he made an application to the Additional Director General, Border Security Force, Eastern Command for his retention in Kolkata or alternatively to allow him to avail himself of the facility of the voluntary retirement from his service with effect from March 31, 2018. That application has been annexed to the writ petition at page 40.