High CourtsSingle Bench(2021) 06 KL CK 0146

Sharmila Banu vs Union Of India

High Court Of Kerala · Decided on 10 June 2021

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 12000 Of 2021

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Judgment

14 paragraphs · 243 words

C. S. Dias, J

1.

This writ petition is filed, inter alia, seeking a direction to the respondents 2 and 3 to permit the petitioner to continue in SHQ BSF,

Thiruvananthapuram up to the next ATO, 2022.

2.

The petitioner has averred in the writ petition that she is an ASI/Pharmacist in the Border Security Force (BSF) since 14.12,2010. By Ext.P1 order

she was transferred to SHQ, BSF, Thiruvananthapuram. As per Ext.P2 policy, the tenure of paramedical staffs is for four years at its static location.

Nevertheless, as per Ext.P3 order, the petitioner has been transferred to 184 BN, BSF. Ext.P3 order is issued in violation of Ext.P2. In the

circumstances, the petitioner has preferred Ext.P4 representation before the 3rd respondent. There is inaction on the part of the 3rd respondent in

considering Ext.P4. Hence, the writ petition.

3.

Heard the learned counsel appearing for the petitioner and the Assistant Solicitor General of India appearing for the respondents.

4.

Taking into consideration the fact that the petitioner has already preferred Ext.P4 representation before the 3rd respondent and the same is pending

consideration before the said authority, without expressing anything on the merits of the matter, I direct the 3rd respondent to consider and dispose of

Ext.P3, in accordance with law, as expeditiously as possible. Until such time, a decision is taken on Ext.P4, the petitioner shall not be relieved from her

present station pursuant to Ext.P3 order.

The Writ Petition is ordered accordingly.