High CourtsDivision Bench(2023) 05 DEL CK 0252

Ramesh Chandra Singh vs Union Of India & Anr.

Delhi High Court · Decided on 31 May 2023

HON’BLE JUDGES
Suresh Kumar Kait, J · Neena Bansal Krishna, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 7924 Of 2023

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Judgment

7 paragraphs · 260 words
1.

Vide this petition, petitioner is praying as under:

“(i) Issue a writ of certiorari or any other appropriate writ, order or direction, thereby calling for records and quash the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it was issued under the remark, "ON OWN REQUEST", instead of compassionate/terminal grounds.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to modify the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it may be issued under the remark, "compassionate/terminal grounds", instead of "ON OWN REQUEST".

(iii) Alternatively, issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to award the petitioner Transfer allowance (TA) for the impugned transfer order because there is no rules specifying the minimum tenure of a DIG at a static location and thus the petitioner is entitled to Transfer allowance (TA) even if posted to his choice of posting..”

2.

In view of the prayer and averments made in the present petition, we hereby direct the respondents to treat the present petition as a representation on behalf of petitioner and decide the same within one week. The decision so taken shall be communicated to the petitioner within three days thereafter with a reasoned order.

3.

With the aforesaid directions, present petition is disposed of.

4.

Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.