Quashed

Riyas a. v. Union of India

Kerala HC21 Oct 2021WP(C)/22560/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition by staying the petitioner's transfer orders and directed the second respondent to consider a representation for compassionate transfer on medical grounds expeditiously, within three months. Petitioner was permitted to appear and produce medical records pending the decision.

What did the court decide?

Stay of Ext.P4 and Ext.P16; extension to second respondent to consider Ext.P17 on merits within three months, permitting hearing and production of medical records.

Riyas a. Vs Union of India — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 21^ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943

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WP(C) NO. 22560 OF 2021

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PETITIONER/S:

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RIYAS A., AGED 42 YEARS S/O. ABDUL RASHID, HEAD CONSTABLE/ GENERAL DUTY, CISF NO.004340623, CISF UNIT COCHIN SHIP YARD, PRESENTLY ATTACHED WITH CISF GROUP, HEAD QUARTERS COCHIN, RESIDING AT QUARTER NO.B2/3, CISF COMPLEX, PANAMPILLY NAGAR, ERNAKULAM, KERALA STATE, PIN - 682 036.

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BY ADVS. T.SANJAY SANIL KUMAR G. MIDHUN R.

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RESPONDENT/S:

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1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110 003.

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2 THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, CISF HEAD QUARTERS, 13 CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

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3 THE INSPECTOR GENERAL (SOUTH SECTOR), CENTRAL INDUSTRIAL SECURITY FORCE, CHENNAI, PIN - 600 009.

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4 THE DEPUTY INSPECTOR GENERAL (SOUTH ZONE), CENTRAL INDUSTRIAL SECURITY FORCE, BESANT NAGAR, CHENNAI, PIN - 600 009.

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5 THE GROUP COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, CISF GROUP HEAD QUARTERS COCHIN, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KERALA, PIN - 683 037.

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6 THE DEPUTY COMMANDANT/ CISF, CISF UNIT COCHIN SHIP YARD, PERUMANOOR P. O., ERNAKULAM, PIN - 682 015.

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WP(C) NO. 22560 OF 2021

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7 DEPUTY INSPECTOR GENERAL, DIRECTOR/ MEDICAL CENTRAL INDUSTRIAL SECURITY FORCE, CISF HEAD QUARTERS, 13 CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2021, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 22560 OF 2021

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JUDGMENT

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The petitioner is a Head Constable in CISF posted at CISF

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Unit, Cochin Ship Yard, Kochi. He was posted at the present place in 2017 and was due for transfer on completion of three years. By Ext.P4, he was ordered to be transferred to CISF Unit, MPRTC, Behror. He submitted representation seeking a request to permit him to continue to be in Kerala to attend his son, who is stated to be suffering from acute dysfluent speech. He is also stated to be a patient of anaphylaxis which is highly allergic and life threatening condition. Initial request of petitioner was rejected by Ext.P16 order. Subsequently the petitioner seems to have submitted Ext.P17 representation, seeking relief on compassionate grounds. The petitioner has approached this court apprehending transfer, before final decision is taken on Ext.P17.

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After hearing the learned counsel for the petitioner and the learned ASG, who took notice, I am inclined to dispose

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WP(C) NO. 22560 OF 2021

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of the writ petition at the threshold itself, by directing the second respondent to consider Ext.P17 on merits as expeditiously as possible at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall also be given a reasonable opportunity of being heard, either physically or online and shall be permitted to produce medical records. It is made clear that pending the above proceedings, Ext.P4 and Ext.P16 orders will be kept in abeyance. To ensure that Ext.P17 is received by the second respondent, the petitioner shall send forthwith a separate copy of Ext.P17, through proper channel.

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Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C) NO. 22560 OF 2021

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APPENDIX OF WP(C) 22560/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE MEDICAL OPINION DATED 25.07.2017 ISSUED BY THE 7TH RESPONDENT.
Exhibit P2	TRUE COPY OF THE MEDICAL TREATMENT RECORD OF THE SON OF THE PETITIONER FROM MEDICAL TRUST HOSPITAL, ERNAKULAM DATED 31.10.2018.
Exhibit P3	TRUE COPY OF MEDICAL RECORDS PERTAINING TO TREATMENT OF THE SON OF THE PETITIONER FROM GENERAL HOSPITAL, ERNAKULAM DATED 29.04.2020.
Exhibit P4	TRUE COPY OF CISF TRAINING SECTOR HEAD QUARTERS, NEW DELHI ORDER DATED 20.03.2020.
Exhibit P5	TRUE COPY OF MEDICAL TREATMENT RECORD OF THE SON OF THE PETITIONER DATED 21.07.2019 FOR TREATMENT OF ANAPHYLAXIS.
Exhibit P6	TRUE COPY OF APPLICATION DATED 23.03.2020 PREFERRED BY THE PETITIONER.
Exhibit P7	TRUE COPY OF APPLICATION DATED 06.05.2020 APPLICATION PREFERRED BY THE PETITIONER.
Exhibit P8	TRUE COPY OF MEDICAL BOARD OPINION DATED 02.05.2020.
Exhibit P9	TRUE COPY OF LETTER DATED 29.08.2020 ISSUED BY THE 6TH RESPONDENT.

Riyas a. v. Union of India

Case brief

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Riyas a. v. Union of India

Case brief

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