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HIGH COURT OF DELHI
W.P.(C)
10123/2017 10202/2017 10212/2017 10219/2017 10569/2017
10577/2017 10578/2017 10579/2017 10585/2017 and CM APPL. and CM APPL, and CM APPL, MANPHOOL RAM
MUKHARAM BANGARWA
LAXMANRAM
RAM SIROMANI SINGH
SANJEEV KUMAR SINGH
SUBHRA SUCHIHORE
ATUL KUMAR SINGH
41657-58/2017 41684-85/2017 41698-99/2017 43281/2017
43300/2017 43311/2017 43315/2017 43326/2017 Petitioner
Through: Ms. Saahila Lamba, Advocate
Through: Dr. Ashwani Bhardwaj, CGSC in
Mr. B.S. Shukla, CGSC, Mr. Jitendra Kumar Tripathi and Mr. Vipul Agrawal, Advocates in
Ms. Archana Gaur, Adv. in W.P.(C) 10219/2017.
Mrs. Bharathi Raju, CGSC with Mr. Rohit Saroj, Advocate in W.P.(C) 10569/2017, 10577-79/2017 and 10585/2017.
2018:DHC:8557-DB GORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
09.04.2018
ORDER
1. The petitioners in these petitions, who are imparting duties of Instructors in the rank of Inspector (GD) in the respondents/BSF, have filed these petitions for quashing the Signals issued by the respondents, posting them out ofthe Training Centres to the Field Battalions.
2. Learned counsel for the petitioners fairly stated at the outset that at the time of filing these petitions, the petitioners had relied on a judgment dated 09.10.2Q17, passed by a learned Single Judge of the Gwalior Bench of the Madhya Pradesh High Court in a batch of petitions, wherein it was held that the transfers of the petitioners therein, who were posted as Instructors in the BSF Academy, Tekanpur, were in violation of the statutory rules and therefore, could not have been issued. Learned counsel states that the judgment dated 09.10.2017 passed by the learned Single Judge in the captioned cases was taken in appeal by the respondents and vide order dated 19.02.2018, the Division Bench of the Madhya Pradesh High Court has feversed the said decision. A copy of the judgment dated 19.02,2018 is handed over by the counsel for the petitioners, wherein it has been held that the posting order of the respondents therein on their promotion, was unassailable on the ground of being violative ofthe rules. A copy ofthe said judgment has been furnished to the counsel for the respondents and taken on record. W.P.(C) 10123/2017 & other connected matters Page 2 of[3] i I
3. In view oftiie aforesaid decision, counsel for the petitioners does not wish to press the present petitions any further. She however, states that the petitioner in W.P.(C) 10212/2017 has not joined the place ofposting so far in view of the interim order granted in his favour. Now that the present 1 • •. ) petitions are being disposed of, she requests that he may be granted two weeks' time to report to hisplace ofposting.
4. Thepetitioner in W.P.(C) 10212/2017 is granted twoweeks' reckoned from today tojoin hisplace ofposting.
5. The present petitions are disposed of as not pressed alongwith the pending applications.