Farooq Ahmad Pandit v. Union of India and Ors. (Home Affairs)

Serial No.54 Regular Cause List

HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR

WP (C) No. 963/2025 CM Nos. 2526/2025 CM No. 4410/2025

Farooq Ahmad Pandit

… Petitioner(s)

Through: - Mr. Mir Majid Bashir, Advocate. V/s

Union of India and Ors.

… Respondent(s)

Through: - Mr. Nazir Ahmad Bhat, CGSC

CORAM: HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)

03.12.2025

¶1Petitioner, through the medium of this writ petition filed under Article 226 of the Constitution of India, seeks quashment of Order No.398/2024-ESTT-BR-P2DA16-PER-DG dated 03.01.2025, whereby the respondent-Central Reserve Police Force has issued a Transfer Order of the officials including petitioner herein figuring at Serial No.348, who was ordered to be transferred from 23-Bn to 68-Bn (Summer Chain) to the extent of his transfer on various grounds; with a further direction to the respondents to allow and retain the petitioner at 23 Bn. Srinagar due to Metabolic Liver Disease with Developmental Delay (Zellweger Syndrome).

¶2Vide interim order dated 30.04.2025 passed by this court, it was ordered that the respondents shall reconsider the impugned Order of Transfer of the petitioner on the basis of the medical record which shall be

provided by the petitioner to the respondents within 10 days time whereafter the respondents shall take a decision in the matter within six weeks' time and till then, the impugned Transfer Order dated 03.01.2025 issued by the respondents qua the petitioner was ordered not to be given effect to.

¶3Pursuant to notice, the respondents filed objections stating that the petitioner, after completion of normal tenure of 04 years in Srinagar based 23 Bn. CRPF on 01.09.2024, has been transferred vide impugned Order to 68 Bn. CRPF at Tinsukia (Assam); and that the Directorate General of CRPF vide Promotion Order No.113/2024-Estt-BR-P2DA25-PER-DG dated 21.02.2025 released petitioner's promotion to the rank of ASI/GD and posted him on promotion from 23 Bn. to 68 Bn. by cancelling his earlier transfer from 23Bn. to 68 Bn. in the rank of HC/GD issued vide impugned order 03.01.2025.

¶4Respondents through interim application (CM No. 4410/2025) seek interim order dated 30.04.2025 to be modified on the ground that on consideration of petitioner's representation, his posting on promotion ordered to 68 Bn was cancelled and the petitioner has been ordered to be retained on promotion in 23 Bn. Srinagar till SCT-2026 on extreme medical grounds. The respondents have also placed on record Order No.27/2025-ESTT-BR-P2DA25-PER-DG dated 23.05.2025 whereby his transfer to the 68 Bn. vide impugned order has been cancelled and on promotion as ASI/GD petitioner has been retained in 23 Bn at Srinagar till SCT-2026 on extreme compassionate medical grounds.

¶5Learned counsel for the petitioner has opposed the application moved by the respondents stating that the modification order of the impugned transfer order has been conditioned that the petitioner shall be retained at Srinagar till SCT-2026 and submits that this exercise is going to start soon as the year 2026 is approaching now and prayed that the application be rejected.

¶6Learned counsel for the applicants/respondents submits that while effecting SCT-2026, the grievance of the petitioner can be looked into again, in case, he represents in that behalf, as such, the main petition moved by the petitioner cannot be proceeded any further, so as to take care of a future exigency.

¶7The petitioner as HC (GD) vide impugned order had been transferred from Srinagar based 23 Bn. to Assam based 68 Bn. of CRPF, which order was modified by the respondents when the petitioner was promoted to the next rank but his transfer was again maintained, as proposed by the impugned order. Respondents, however, in compliance to the interim order dated 30.04.2025, passed by this Court on consideration of the petitioner's representation, modified his transfer order taking into consideration extreme compassionate medical grounds and the petitioner instead of being transferred to Assam based 68 Bn. was ordered to be retained at Srinagar based 23 Bn. only where he has been serving before his transfer vide impugned order. The grievance of the petitioner, as in the aforesaid circumstances has been redressed, as such, the interim application (CM No. 4410/2025) is allowed.

¶8Having regard to the fact that pursuant to the interim order passed by this Court, the order impugned in the writ petition has been modified by granting the relief to the petitioner by the respondents to be retained at Srinagar till SCT-2026, as such, the grievance of the petitioner has been redressed and the relief that he prayed for in the petition stands granted by the respondents.

¶9The petition does not require any further proceedings and the same is disposed of, along with interim application (s).

¶10Interim direction, if any, shall stand vacated.

(M. A. CHOWDHARY)

JUDGE SRINAGAR December 3rd 2025 "Raj Kumar"