Full Text
W.P.(C)103/2015
CT.K.N.YADAV Petitioner Represented by; Mr.Arun Srivastava,Advocate
UOI
NIHAL SINGH Petitioner Represented by: Mr.Arun Srivastava,Advocate
Mr.Rahul Chouhan,Advocatefor R-1
HON'BLE MS.JUSTICEPRATIBHA RANI
09.01.2015
ORDER
1. Both petitioners are attached tothe 28^Bn.BSF which wasstationed atBhitaura Camp,Fatehganj(West),DistrictBareily,UP. The battalion has been transferred to Govindpur in Raiganj,WestBengal. Itisthus nota case of petitioners being transferred. It is a case of the battalion being transferred.
2. Both petitioners suffered injuries during active duty and this requires W.P.(C)Nos.103/2015&228/2015 Page1of[3] 2015:DHC:11810-DB the petitionersto undergo periodic medicalcheck-ups.
3. The petitioners rely upon a policy warranting case ofBSF personnel whohave sufferedinjuriesto beconsideredfor postingin non-hard areas.
4. Petitioners allege that Raiganj where the battalion is transferred is a naxalite infected area.
5. Relevant record which has been produced by the respondent would evince that the area in West Bengal is not a naxalite infected area. It is a normal area.
6. Respondents state that after the petitioners were injured during operations,keeping in view that both ofthem were placed in low medical category,duties assignedtothem are static and stationed atRaiganjthetwo petitioners wouldbegivenstatic dutieisandnotoperationalduties.
7. We note that both petitioners have served for durations up to nearly 12yearsinDelhi. Wefindthatboth petitioners have been given static duty forthelastover 12years sincethetwo were injured in operations. Wefind that case of the writ petitioners has been specifically appraised by the competentauthorityinDelhiwithrespectto availability ofmedicalfacilities atthe place wherethey weretransferred. Wefind no meritto interfere with the ordertransferringthe battalion as awholetoRaiganj.
8. We may note that stationed atFatehganj near Bareily,the petitioners haveto travel 330kmsforreview check-upsin Delhi Stationed atRaiganj they would haveto travel only 112kms away to a place called Kishanganj where full medical facilities are available to medically examine and render aid to the petitioners in case ofany emergency. We further note that the place wherethe28^Bn.istransferredisafamilystation. Petitionerswould be entitled to family accommodation. There are schools and colleges nearby. We note that the 28^^ Bn.is presently deployed at Govindpur in W.P.(C)Nos.103/2015&228/2015 2of[3] Raiganj.
9. The petitions are dismissed.
10. The petitioners are granted 14 days' time to report for duty to the Commandantofthe 28^*^Bn.in WestBengal.
11. No costs. CM No.356/2015 in W.P.CC^ No.228/2015 CM No.160/2015 in W.P.(C^ No.103/2015 Dismissed as infructuous. PRADEEPNA^^^JOG,J. lTIBHARANI, JANUARY 09,2015 mamta