LAISHRAM LOKENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. L. Dihingia, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned ASGI for the respondent.

(2.) By the office order dated 12.07.2019 the petitioner along with several other personnel were transferred from their present place of posting to their respective places. At Serial No.3 of the part rationalization transfers the petitioner who was earlier posted under the frontier headquarter at Guwahati had been transferred and posted to frontier headquarter at Patna in public interest.

(3.) The petitioner instituted an earlier writ petition being WP(C) 6410/2019 which was given a final consideration by the order dated 02.09.2019. In the said writ petition, a stand was taken that the petitioner had submitted a representation for a modification of the transfer order and the said representation was rejected without taking into consideration two of the grounds raised that the petitioner's elder mother who is a heart patient resides with him and the petitioner's elderly son is a student of Class-IX of Delhi Public School, Khanapara. It is further contended that the order of transfer would completely dislocate his family life. A stand was also taken that as per the circular dated 09.05.2019, the tenure of posting in a frontier location would be 8 years, whereas, the petitioner was transferred to Guwahati Frontier location in the year 2015. In the premises, by the order dated 02.09.2019, the petitioner was required to file fresh representation highlighting the aforesaid aspects and thereupon the respondents were required to pass a reasoned order. It was further provided that till a reasoned/speaking order is being passed, the order of transfer of the petitioner would be kept in abeyance.