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HIGH COURT OF DELHI
Date of Decision: 09.05.2022
DIN DAYAL ..... Petitioner
Through Mr.P.Sureshan, Advocate.
Through Mr.Vikrant N.Goyal and Mr.Yash Tandon, Advocates.
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
JUDGMENT
1. Exemptions allowed, subject to just exceptions.
2. Applications are disposed of accordingly. W.P.(C) 7048/2022 and CM APPL.21618/2022 (Stay)
1. By this petition, the petitioner seeks as under: “ a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of NCRC Delhi or post him to his home sector in terms of the circular dated 25.9.2017 as he is now in the verge of 2022:DHC:1819-DB W.P.(C) 7048/2022 retirement. b) Quash and set aside the Service orders, qua petitioner, dated 28.3.2022, 1.4.2022 and 7.4.2022 with subject as 2nd Change of Sectors between NS an NCRS -2022 wherein petitioner has been transferred from the present Unit of DMRC Delhi to THDC Tehri, Uttarkhand. c) Direct the respondents to pay cost of this litigation to the petitioner.”
2. It is not in dispute that the petitioner is in 4th tenure and as per the policy of the respondent, in 4th tenure, he should be posted in ‘Home Sector’.
3. The petitioner made representation for him to be posted in NCRC Delhi. However, he has been posted in Uttarakhand which comes under North Sector.
4. Since the petitioner has made requests for posting in home sector i.e. the Eastern Sector, therefore, we hereby dispose of the present writ petition directing the respondents to consider his request to post him in home sector i.e. Eastern Sector within one week from today.
5. The Circular dated 1st April, 2022 shall remain stayed qua the petitioner till consideration of the said request.
(SURESH KUMAR KAIT) JUDGE (SUDHIR KUMAR JAIN) JUDGE May 9, 2022/ PB