Disposed
Tintu Joseph v. the Director General
Kerala HCWP(C)/14560/2018
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
What the court decided
AI extract
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
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 15TH DAY OF MAY 2018 / 25TH VAISAKHA, 1940
PETITIONER(S)
TINTU JOSEPH, AGED 30 YEARS,W/O LEJI.K.J,CONSTABLE(GD)WOMAN,CISF UNIT, COCHIN SHIPYARD LIMITED,KOCHI-682015 PRESENTLY RESIDING AT :STAFF QUARTERS NO:B1/1, PANAMPALLY NAGAR SOUTH,COCHIN SHIPYARD,KOCHI.
BY ADV.SRI.T.SANJAY
RESPONDENT(S):
1. THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE,CISF HEAD QUARTERS, 13 CGO COMPLEX,LODHI ROAD,NEW DELHI-110003.
2. THE INSPECTOR GENERAL (SOUTH SECTOR), CENTRAL INDUSTRIAL SECURITY FORCE,CHENNAI-600009.
3. THE DEPUTY INSPECTOR GENEERAL (SOUTH ZONE), CENTRAL INDUSTRIAL SUCURITY FORCE,BASANT NAGAR, CHENNAI-600090.
4. THE SENIOR COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, COCHIN SHIPYARD LIMITED-682015.
5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NEW DELHI-110003.
6. THE SECRETARY, DEPARTMENT OF PERSONNEL & TRAINING, GOVERMENT OF INDIA,NEW DELHI-110001.
R1-R6 BY ADV. SMT.O.M.SHALINA, CGC R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14560 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF MEDICAL CERTIFICATE BEARING HOSPITAL NO.Q 004524 DATED 01.08.2018 ISSUED BY THE PROFESSOR & UNIT CHIEF,P.G.DEPARTMENT OF NEUROLOGY,JUBILEE MISSION MEDICAL COLLEGE HOSPITAL,TRISSUR. EXHIBIT P2 PRESCRIPTION DATED 24.10.2015 ISSUED BY THE PROFESSOR & UNIT CHIEF,P.G.DEPARTMENT OF NEUROLOGY,JUBILEE MISSION MEDICAL COLLEGE HOSPITAL,TRISSUR. EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM NO.28034/9/2009-ESTT.DATED 30.09.2009,DEPARTMENT OF PERSONNEL AND TRAINING(DOPT). EXHIBIT P4 RELEVANT PAGES OF TRANSFER GUIDELINESS OF CISF ISSUED VIDE CIRCULAR NO.22/2017 DATED 25.09.2017 EXHIBIT P5 PETITIONER'S REPRESENTATION DATED 03.02.2018 EXHIBIT P6 MOVEMENT ORDER NO.38014/CISF/CSY/MO/IST/2018/351 DATED 31.03.2018.
RESPONDENT'S EXHIBITS: NIL
// True copy // PA to Judge
das
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C). No. 14560 of 2018(T)
===================================================== Dated this the 15th day of May, 2018
JUDGMENT
The learned counsel for the petitioner submits that, in the light of the order dated 15.05.2018, that was passed by the respondents pursuant to the interim order dated 27.04.2018, the matter can be closed by recording the order passed, and without prejudice to the right of the petitioner to approach this court in the event of a fresh cause of action arising. This submission of the learned counsel for the petitioner is recorded and the matter is closed by recording the order passed by the respondents, wherein it is stated as follows:
“03. As per direction of the Hon'ble High Court, Kerala vide Interim Order dated 27.04.2018, the representation dated 03.02.2018 (Exhibit-P5) and subsequent representation received through DG's email on 30.04.2018 have been examined by Director General/CISF and considered her request sympathetically. She has been posted from CISF Unit CSY Cochin to CISF Unit BPCL Kochi by granting Out of Home Sector relaxation for another one tenure in place of North Sector issued vide this Dte. letter No. E-38014/ 21/ 33rd IZT/ 2016/ Estt.II/ Vol.16/ 1223 dated 16.03.2017.”
sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das/15.05.2018
Tintu Joseph
Director General, Central Industrial Security Force
Union of India
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court