TAPABRATA DHAR vs UNION OF INDIA & ORS.

The petitioner is a Constable of the Border Security Force. He has been transferred to the 3rd Battalion at Tripura. He is a patient of rheumatoid arthritis for which he has been under treatment in Kolkata. The petitioner appearing in person submits that he has enormous problem in movement and it will not be possible for him to stay in Tripura which is far off from the Kolkata.

Mr. Krishna Moorthy, the Law Officer, Border Security Force, represents the respondents and submits that as per the deployment pattern in BSF, the

BSF Battalions are supposed to move from one place to another in every three years and as per the Rules the maximum tenure of a BSF Battalions in a Frontier shall be six years. The petitioner was deployed to South Bengal Frontier and was posted here from July 15, 2011 and in the process had completed 32 years of his service in BSF he had spent more than 20 years in West Bengal.

The respondents have taken a point that since the petitioner was treated at the Out Patient Department of the concerned hospital in Kolkata the same medical facilities can be availed at Tripura also, which also has a recognised hospital. The petitioner submits that on October 16, 2017 he made an application to the Additional Director General, Border Security Force, Eastern Command for his retention in Kolkata or alternatively to allow him to avail himself of the facility of the voluntary retirement from his service with effect from March 31, 2018. That application has been annexed to the writ petition at page 40.

The respondents have no objection to consider the application for voluntary retirement subject to the clearance from the relevant departments. But since the petitioner has already been relieved from his earlier place of posting he should join the 3rd Battalion at Tripura and then he may submit his application for voluntary retirement. However, Mr. Krishna Moorthy submitted that considering the fact that the petitioner has been suffering from rheumatoid arthritis and has been on medication as a special case his pension papers may be processed at the last place of posting at the Sector Head

Quarter without requiring him to go and join the 3rd Battalion at Tripura which is admittedly a strenuous journey.

In that case, Mr. Krishna Moorthy submitted, the petitioner should report to his earlier place of posting at Sector Head Quarter. I consider the submission of Mr. Krishna Moorthy to be reasonable and very humane. Considering the physical condition of the petitioner as a special case the respondents have agreed to process the pension paper from the Kolkata office itself and have agreed to allow him to report to the place of posting where he was posted before this order of transfer.

After this submission of the respondents there is no point in keeping the writ petition pending. The writ petition is disposed of by directing the petitioner to report to his earlier place of posting at the Sector Head Quarter within three days. The petitioner is given liberty to submit an application for voluntary retirement within a period of seven days from date. In case any such application is made within the said period the respondents shall consider and dispose of the same in accordance with law as early as possible, but preferably within a period of two months from the date of submission of the application for voluntary retirement. The order of transfer issued to the petitioner is set aside.

It is made clear that in case the petitioner does not report to his earlier place of work within three days or does not file any application for voluntary retirement within seven days the respondents shall be at liberty to issue a fresh order of transfer in accordance with law and shall not be required to consider his case for voluntary retirement any further.

Since this writ petition is disposed of without calling for the affidavits, allegations made in the writ petition are deemed to have been denied.

Since this order is being passed in presence of the petitioner as well as Mr. Krishna Moorthy, Mr. Krishna Moorthy has assured the Court that he would communicate the gist of the order to the appropriate authorities. The appropriate authorities are directed to act on the basis of such communication without insisting on a certified copy of the order.

There will be no order as to costs.

Let a photostat plain copy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to the petitioner as well as Mr. Krishna

Moorthy.