Neeraj Rawat v. Union of India and Ors.

Delhi High Court · 16 Aug 2023 · 2023:DHC:5881-DB
Sanjeev Sachdeva; Manoj Jain
W.P.(C) 10553/2023
2023:DHC:5881-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging the transfer of a CISF employee, directing her to join the new posting at Mathura within the stipulated time, rejecting her request for extended time based on accommodation and schooling concerns.

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Neutral Citation Number 2023:DHC:5881-DB
W.P.(C) 10553/2023
HIGH COURT OF DELHI
JUDGMENT
delivered on: 16th August, 2023
W.P.(C) 10553/2023 & CM APPL. 41011/2023 (stay)
NEERAJ RAWAT ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. M.K. Khanna, Advocate with petitioner in person (through V.C).
For the Respondent: Mr. Siddharth Khatana, Sr. Panel Counsel and Mr.Amit Achayra, G.P. with DC Dileep
N., Inspector Meena S. Menon, SI Prahlad, SI Amit
Kumar, CISF.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns transfer order dated 06.04.2023 whereby petitioner has been transferred from her present place on posting, i.e, CISF Unit of Indian Oil Corporation, Faridabad to Behror, Rajasthan.

2. This case has a chequered history. On 02.09.2022, petitioner was earlier sought to be posted from her present place of posting at Faridabad to CISF Unit, Central Government Building Security at Delhi. Petitioner impugned the said transfer order. Initially there was an interim order in favour of the petitioner, however, said petition was disposed of on 18.07.2023 on a statement made by the respondents that they had amended the posting order from Faridabad to Behror, Rajasthan. Petitioner was granted four weeks time from 18.07.2023 to join the new place of posting.

3. Subject petition has been filed by the petitioner contending that there was no accommodation available in the campus and no educational facility for the child at Behror.

4. Learned counsel for the respondent had sought time to take instructions.

5. Learned counsel for the respondent has in Court today produced an order dated 16.08.2023, wherein the posting order, posting petitioner from IOC Faridabad to 12th Reserve Battalion Behror has been amended. Said order dated 16.08.2023 is taken on record. Respondents have now posted petitioner to CISF Unit at Indian Oil Corporation to Mathura.

6. Petitioner, who is connected through VC, submits that she has no objection to joining the new place of posting at Mathura. However, she prays that some time be granted to petitioner to settle her affairs as also till the exams of the child are over.

7. Learned counsel for the respondents submits that the child of the petitioner is studying in Class VI in Kendriya Vidyalaya and there is a Kendriya Vidyalaya in Mathura within the campus and as per the Rules of Kendriya Vidyalaya, the child can be shifted even midstream.

8. Keeping in view the fact that the child of the petitioner today is only in Class 6 and it is not even close to the annual examination, we are unable to accept the request of petitioner to grant of further time.

9. It is pointed out by learned counsel for the respondents that the usual joining time of 10 days is granted to the petitioner.

10. Accordingly, petitioner is directed to join the new place of posting at Indian Oil Corporation, Mathura on or before 28.08.2023.

11. Petition is, accordingly, disposed of.

12. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

1. MANOJ JAIN, J AUGUST 16, 2023