The Kerala High Court dismissed this writ petition challenging a transfer order requiring the petitioner, a Head Constable in CRPF, to join the unit at Hyderabad. The court held that since the new posting was also a 'static unit' transfer, the petitioner's rights under the transfer norms were not violated, and the order stood affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934
WP(C).No. 11861 of 2012 (G)
PETITIONER:
VINUKUMAR.P.V, AGED 29 YEARS HEAD CONSTABLE (RADIO OPERATOR) CENTRAL RESERVE POLICE FORCE, PALLIPURAM THIRUVANANTHAPURAM, RESIDING AT QUARTERS NO.149 SECTOR B, TYPE II, CENTRAL RESERVE POLICE FORCE PALLIPURAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.AJITH.S.R
SRI.S.MOHAMMED AL RAFI
RESPONDENTS:
1. DIRECTOR GENERAL
2. DEPUTY INSPECTOR GENERAL OF POLICE
3. GROUP COMMANDANT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11861 of 2012 (G)
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1: TRUE COPY OF THE RESPONDENT VIDE S |
TRANSFER GUIDELINES ISSUED BY THE 1ST TANDING ORDER 11/2002 DATED 1/5/2002. |
|---|---|
| EXHIBIT P2: TRUE COPY OF THE RESPONDENT. |
ORDER DATED 30.4.12 ISSUED BY THE 2ND |
| EXHIBIT P3: TRUE COPY OF THE BY THE PETITIONER |
REPRESENTATION DATED 10.5.2012 SUBMITTED BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P4: TRUE COPY OF THE RESPONDENT. |
TRANSFER ORDER ISSUED BY THE 1ST |
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
Scl.
P.R. RAMACHANDRA MENON, J.
W.P.(C).No.11861 of 2012
Dated this the 11th day of October, 2012
JUDGMENT
The petitioner, who is working as Head Constable (Radio Operator) in the CRPF at Pallipuram Unit, Thiruvananthapuram, is before this Court challenging Ext.P4 transfer, whereby he has been required to join at the Unit at Hyderabad.
the petitioner is permitted to continue at the 'static unit' as per Ext.P1 transfer norms and as such he can continue there till November 2013. It was without any regard to the norms, that the petitioner was transferred out from Pallipuram to Latur, Maharashtra, when the petitioner approached this Court
W.P.C. No. 11861 of 2012 -2-
challenging Ext.P2 transfer order dated 30.4.2012 by filing W.P. (C).No.10701/2012.
W.P.C. No. 11861 of 2012
-3-
in detail.
W.P.C. No. 11861 of 2012 -4-
position, the ground projected by the petitioner referring to the infertility treatment available at Thiruvananthapuram cannot be held as a tenable one, to be an exclusive treatment available only at Thiruvananthapuram, so as to cause any interference.
W.P.C. No. 11861 of 2012 -5-
regard and it has been asserted in their counter affidavit that, the posting given to the petitioner at Hyderabad is also a 'static unit posting'. In the said circumstance, this Court does not find any reason to call for interference with the transfer ordered as per Ext.P4.
Writ petition fails and the same is dismissed accordingly.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
3 issues framed by the court
Whether the petitioner's right to a static unit posting for three years after field service was violated by the transfer to Hyderabad.
Whether the transfer order should be interfered with despite the petitioner's representation regarding his wife's infertility treatment.
Whether the issuance of a transfer posting to a static unit is amenable to judicial scrutiny.
Vinukumar.P.V
Director General Central Reserve Police Force
Deputy Inspector General of Police Central Reserve Police Force
Group Commandant Central Reserve Police Force
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
