Mangala Prasad Nayak v. The Union of India and 5 Ors

ORDER Date : 26-06-2024 Heard Mr. L.N. Dihingia, learned counsel for the petitioner as well as Mr. B. Chakraborty, learned CGC appearing for the respondents.

¶2In brief, the case of the petitioner is that his younger brother is Page No.# 3/6 suffering from Locomotor disability with 50% permanent disability in relation to his both upper and lower limbs. The petitioner being the care giver, his specially abled brother is residing with him. The petitioner also claims to be suffering from low vision disability of his left eye which occurred in an accident suffered by the petitioner while he was on official duty.

¶3The petitioner further claims that his wife is also having certain medical condition, and she is suffering from GBS/ Hypokalemia and Sicca symptoms and therefore, she has extremely low weight and cannot walk properly. Accordingly, the learned counsel for the petitioner has submitted that as the petitioner is himself a specially abled person and he has to give care to his wife as well as to his younger brother who is specially abled. The petitioner is required exempted from annual routine rotational transfer.

¶4The petitioner who is presently serving as Constable (GD) in the Sashastra Seema Bal (SSB in short) has been served with a transfer order dated

10.04.2024, thereby transferring him from his present location to 41st Battalion Ranidanga which is followed by a relieving order dated 13.06.2024. The petitioner has submitted a representation dated 15.04.2024 through proper channel vide official Diary no.2610. However, the said representation has not been addressed by the respondent authorities.

¶5The learned counsel for the petitioner submitted that the impugned transfer order is in violation of the guidelines contained in the office memorandum dated 08.10.2018, issued by the Director (Res), Ministry of Page No.# 4/6 Personnel, Public Grievances and Pensions, Department of Personnel and Training, Govt. of India as well as in violation of the transfer guidelines for the Sashastra Seema Bal Personnel dated 04.03.2024, issued by the Inspector General (Pers).

¶6The learned CGC has submitted that pursuant to order dated

21.06.2024 he has been provided with written instructions by the Deputy Judge, Attorney General, Frontier HQ SSB, Guwahati whereby it is being informed that the new place of posting of the petitioner at 41st Battalion SSB, Ranidanga is having well established infrastructure with residential family accommodation. It is projected that it has very good infrastructure in terms of accommodation, connectivity and medical facilities.

¶7It is further informed that the said Battalion is situated in the same campus with Frontier HQ SSB, Siliguri and within the campus there are two unit hospitals with doctors and medical staffs and that for any medical assistance, there is a well equipped 100 bedded Composite Hospital with specialist medical attendants exclusively for the personnel of CAPFs and their family members is located at nearby BSF Composite Hospital, Kadamtala. It is further informed that the petitioner is presently not staying at Govt. quarter at his present place of posting i.e. Frontier HQ SSB Guwahati at Sonapur despite availability of quarters. It is also informed that the new place of posting is closer to the hometown of the petitioner and it is also informed that the petitioner has remained posted at the present place of posting for more than four years whereas the normal tenure for posting is only three years.

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¶8In view of the projection that near the place of posting where the petitioner has been transferred, there are two Unit Hospitals as well as a 100 bedded Composite Hospital, the Court is of the considered opinion that the medical facilities available near the transferred location of the petitioner is sufficient to take care of the medical requirements of the petitioner, his wife and his younger brother. Moreover, as the normal tenure of posting was only 3 years, and the petitioner has remained in the present place of posting for more than 4 years, the Court is of the considered opinion that the transferred place of posting of the petitioner has the requisite medical facilities for the well being of the petitioner and the members of his family.

¶9Accordingly, the Court is not inclined to interfere with the transfer order of the petitioner vide no. VI/18/SSB/Pers-II/ ATC/ 2024/5149-5268 dated 10.04.2024, where the name of the petitioner appears at Sl. No.20485 as well as in respect of the impugned relieving order vide File no. 09/2/2024/Estt/Tfr-Out/16538-61 dated 13.06.2024.

¶10As the Court finds that the petitioner has time to report till

02.07.2024, the Court is inclined to direct the Director General, Sashastra Seema Bal (respondent no.2) and the Inspector General (Pers), Sashastra Seema Bal (respondent no.3) to grant time till 15.07.2024 to the petitioner to report at the transferred place of posting, in view of the projection made by the learned counsel for the petitioner that the petitioner, his wife as well his younger brother are all specially abled.

¶11The petitioner is permitted to send a scanned copy of this order Page No.# 6/6 to the said two authorities.

¶12This writ petition stands disposed of with aforesaid observations.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010122912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3176/2024o MANGALAoPRASADoNAYAKo UINoNO.o13150646,o S/OoSH.oJHADESWARoNAYAK,o R/VILL.-oBORKHAT,o P.O.oANDoP.S.-oSONAPUR,o DIST.-oKAMRUP,oASSAM,o PIN-o782402. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEo AFFAIRS,o DEPARTMENToOFoHOME,o GOVERNMENToOFoINDIA,o NEWoDELHI-o110001. 2:THEoDIRECTORoGENERAL oSASHASTRAoSEEMAoBAL oEASToBLOCK-V oR.K.oPURAMo NEWoDELHI-o110066. 3:THEoINSPECTORoGENERALo(PERS) oSASHASTRAoSEEMAoBAL oFORCEoHQR oEASoBLOCK-V o RKoPURAM oNEWoDELHI-o110066. 4:THEoCOMMANDANTo(PERS-II) Page No.# 2/6 FHQ SSB EAST BLOCK-V R.K. PURAM NEW DELHI- 110066. 5:THE INSPECTOR GENERAL FRONTIER HEAD QUARTERS SSB GUWAHATI P.O. AND P.S.- SONAPUR DISTRICT- KAMRUP(METRO) ASSAM PIN- 782402. 6:THE ASSISTANT COMMANDANT FRONTIER HEAD QUARTER SSB GUWAHATI P.O. AND P.S.- SONAPUR DISTRICT- KAMRUP(METRO) ASSAM PIN- 782405 Advocate for the Petitioner : MR. L N DIHINGIA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA