DHARAM NATH GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel appearing for the petitioner and Ms. R. Devi, learned CGC for the respondents.

(2.) The case of the petitioner is that he and his wife both are serving in 17 Assam Rifles Bn. and the petitioner is presently serving in the Assam Rifles High School, Lokra, Sonitpur. By transfer order dated 09.04.2021 the petitioner had been transferred to 18 Assam Rifles Bn., Chandel, Manipur. After the transfer order, the petitioner immediately submitted his representation dated 15.04.2021 for change of posting. However, the said representation was rejected by order dated 26.06.2021. Accordingly, the petitioner aggrieved by the routine/rotational transfer posting and non-consideration of the representation dated 15.04.2021 moved to this Court by filing WP(C) No. 3213/2021. This Court vide order dated 06.07.2021 disposed of the writ petition with a direction to the competent authority to take representation filed by the petitioner on 15.04.2021 on board for re-consideration. While considering the representation, the competent authority shall also take into account the official guidelines regarding exemption from routine exercise of transfer/rotational transfer, as have been formulated by the Office Memoranda/Record Officer Instruction by the Government and shall thereafter, dispose of the same by passing a speaking order as expeditiously as possible, preferably within a period of 1 (one) month. The order so passed shall be communicated to the petitioner forthwith. It is further observed that till the representation is disposed of by a speaking order, the order of transfer dated 09.04.2021 in so far as the petitioner is concerned, shall not be given effect to. Thereafter, the respondents had passed a speaking order on 29.07.2021 rejecting the representation of the petitioner once again, however, with an advisory that in case the petitioner is not willing to serve for the organisation based on the legal directions of the employer than he is at a liberty to seek voluntary retirement pension from the organisation to meet his requirement without interfering the Departmental customs and policy.

(3.) The petitioner by filing this writ petition before this Court under Article 226 of the Constitution of India, is seeking interference with the order dated 09.04.2021 and direction contained in order dated 29.07.2021 and to exempt the petitioner from routing/rotational transfer. The learned counsel for the petitioner projected that the child of the petitioner suffers from 'Down's Syndrome associate with deficit hearing impairment (40%) with mental retardation and deficit in intellectual functioning'. The medical conditions of the child of the petition has been certified by the concerned authorities of the Lokpriya Gopinath Bordoloi Regional Institute of Mental Health and also the Medical Board duly constituted by the Government of Assam for the purpose. The learned counsel for the petitioner has placed reliance on the office memorandum dated 08.10.2018 issued by the Ministry of Personnel, Public Grievances and Pensions and it is submitted that those are applicable to the Assam Rifles which is under the administrative control of the Ministry of Home Affairs and the petitioner is entitled to the benefit flowing from the said Office memorandum under reference.