Allowed

S.Dakshinamurthy v. The Inspector General of

Madras HC25 Oct 2017WA/1273/2017

Case brief

AI extract

What is this about?

Writ appeal by a low medical category CRPF Head Constable, whose leg was amputated after a firing incident, against transfer from Avadi to 127 Battalion, Odisha. The Division Bench held that 'posting' in the rehabilitation policy includes place, not merely post, and set aside the transfer and movement orders.

What did the court decide?

Order of transfer dated 09.06.2017 and movement order dated 14.09.2017 set aside; no costs.

S.Dakshinamurthy Vs The Inspector General of — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.10.2017

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THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR

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W.A.No.1273 of 2017
C.M.P.Nos.17808 and 17809 of 2017
S. Dakshinamurthy ... Appellant
Vs.
1.The Inspector General of Police,
Southern Sector, Central Reserve Police Force,
Road No.10C, Jubilee Hills,
Gayathri Hills, Hyderabad 500 033.

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2.The Deputy Inspector General of Police (Administration),
Southern Sector Headquarters,
Central Reserve Police Force,
Road No.10C, Jubilee Hills,
Gayathri Hills, Hyderabad 500 033.

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3.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Avadi, Chennai -600 065. ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the

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order dated 22.08.2017 made in W.P. No.15169 of 2017.

S.No	Comments Aggrieved with order of transfer to 127 Bn, the petitioner filed a writ petition No.15169/2017 before the Hon'ble High Court of Madras praying quash the order of transfer to 127 Bn and retain him in GC CRPF Avadi itself. The writ petition came up for admission/hearing on 16/06/2017 and the Hon’ble Court was pleased to grant “interim stay”. The case again came up for hearing on 22/08/2017 and the Hon’ble Court was pleased to dismiss being devoid of merits. In compliance to the Hon’ble Court order, the petitioner was relieved on transfer to 127 Bn, CRPF on 14/09/2017 vide GC CRPF Avadi O/Order No.T.IX-2/2017-EC-I, dated 14/09/2017. Further, low medical category personnel wherever transferred to the units/offices located in hard/remote area, they have been assigned the duties as stipulated in Standing order and no low medical category personnel are being assigned in operational duties at any
	cost.
(b)	The Hon’ble learned single Judge has dismissed the writ petition No.15169/2017 filed by the petitioner after going through the Departmental Standing orders and other relevant instruction on the subject.
(c)	As the petitioner has completed more than five years service against 3 years and 14 years against 10 years tenures in Group Centre, CRPF Avadi and IGP, Southern Sector respectively, his case was considered under inter sector transfer by South Zone and allotted to IGP, KKS, Sector, Banglore who in turn further posted to 127 Bn vide IGP, KKS message No.T.IX-31/17-KKS-EC-III dated 03/06/2017. Though, the petitioner has been placed in Shape-V medical category, his service is being utilized in lighter duties as prescribed in Standing order. Further, low medical category personnel wherever transferred to units/office located in hard/remote areas, they have been assigned in operational duties at any cost. Despite declaring unfit for combatant duty by medical invalidation board, he has been retained in service on humanitarian ground keeping in view of education purpose of his children as requested by O/Order dated 31/08/2016. Thus, the Hon’ble Judge has dismissed the writ petition No.15169/2017 filed by the petitioner on merit.
(d)	Though, the petitioner has been placed in Shape-V medical category, his service is being utilized in lighter duties irrespective area wherever he is posted, as prescribed in Standing order 04/2011. Even though the petitioner is posted to combatant battalion, his service is to be utilized for lighter duties and NOT COMBATANT DUTY as prescribed in Standing order – 04/2011. Further, para 9(e) of S/O-4/2011 has clearly stipulated that number of disabled persons per office / institution, should be kept within reasonable limits but not more that 2% so that the overall efficiency of the institution / unit does not suffer

S.No	Comments and in case of more personnel then a reasonable time of posting out be also ensured that other disabled personnel also get chance of posting etc. On going through instructions and relevant standing order, the Hon'ble Judge has dismissed the writ petition No.15169/2017 filed by the petitioner on merit.
(e)	To give equal opportunity to all members of Force, to serve at least a minimum one or two tenure at their choice places within available static places, a Standing order 07/2015 has been framed and issued by Directorate General CRPF. Further, para 9(e) of S/O-4/2011 has clearly stipulated that number of disabled persons per office/institution, should be kept within reasonable limits but not more than 2% so that the overall efficiency of the institution/unit does not suffer and in case of more personnel then a reasonable time of posting out be also ensured that other disabled personnel also get chance of posting etc. In the instant case, the petitioner has completed static posting for more than 5 years 1 month and also completed over 12 years in Southern Sector which is over and above of actual entitlement of 03 years and 10 years respectively and
	hence he deserve no relaxation. As per Standing order No.7/2015, no person can be retained at peace / static station beyond the period of 03 years at any cost. Thus, his posting to 127 Bn CRPF rightly ordered by the competent authority. Moreover, each and every Battalion is having own MI room where one Medical Officer and para Medical staff are posted for providing medical coverage. Thus, the petitioner can continue to do his lighter duty whatever he is doing in present place and take medical treatment, if he requires, at new place of posting without any difficulties.
(f)	Despite declaring unfit for combatant duty by medical invalidation board, he has been retained in service on humanitarian ground keeping in view of education purpose of his children as requested by the petitioner vide Group Centre, CRPF, Avadi O/Order dated 31.08.2016. The petitioner has been retained in service only to fulfill some obligation and NOT to be retained in Group Centre, CRPF, Avadi itself as interpreted by the petitioner. As per Standing order No.7/2015, no person can be retained at peace / static station beyond the period of 03 years and extendable for one year in very deserving cases by the competent authority. In order to accommodate the person who is having similar / more problems than the petitioner, the Hon'ble Judge has rightly been dismissed the writ petition No.15169/2017 and thus the present writ appeal is also liable to be dismissed.
(g)	The contention of the petitioner is denied as the Hon'ble Judge has applied proper application of mind on each and every case dismissed. Though, the petitioner has been placed in Shape – V medical category, his service is being utilized in lighter duties irrespective of area wherever he is posted as prescribed in Standing order -04/2011. Further, low medical category personnel transferred to units / offices located in hard / remote areas, they

S.No	Comments
	instructions or orders, the Courts ordinarily should not interfere with the order. Thus, the Hon'ble Judge has rightly been dismissed the writ petition No.15169/2017.
(j)	The contention of the petitioner is denied. As per Chapter II, Rule 4 (Powers of the Central Government and certain Officers of the Force)of CRPF Rules, 1955, in all cases not specifically provided, for in these rules, instructions issued from time to time by the Central Government or the Director General or under his direction by the Additional Director General or the Inspector General shall regulate working of the Force. Based on the above rules, the Director General is empowered to frame the Standing orders. As per Standing order No.7/2015, no person can be retained at peace/static station beyond the period of 03 years and extendable for one year in very deserving cases by the competent authority. Since the petitioner has completed more than five years in Avadi, Chennai against three years normal tenure, he has been posted out to other unit due to administrative constraint so as to accommodate the person who is having similar or more problems than the petitioner. The petitioner will be assigned the same nature of duties at new place of posting as he is performing at present place at GC CRPF, Avadi whatever he is doing in present place of posting. In the light of above, the Hon'ble Judge has been dismissed the writ petition No.15169/2017 and thus the present writ appeal is also liable to be dismissed.
(k)	The writ petition No.16008/2017 filed by Ct/GD Subramaniam of Group Centre, CRPF, Avadi has been disposed off with direction to constitute a special DRB to examine the petitioner's medical records and pass necessary order with regard to his condition and nature of duties he can be awarded vide Hon'ble Court order dated 27/06/2017. While the DRB/MIB was under process, the petitioner expired on 02/10/2017. The case of Ct/GD Subramaniam is not relevant to the present case and hence the writ appeal is liable to be dismissed.
(l)	Since, the petitioner has completed more than 05 years and 01 month stay in Group Centre, CRPF, Avadi and over 14 years in Southern Sector against entitlement stipulated as 03 years and 10 years respectively in Standing order No.7/2015. Further, para 9 (e) of S/O 4/2011 has clearly stipulated that number of disabled persons per office/institution, should be kept within reasonable limits but not more than 2% so that the overall efficiency of the institution / unit does not suffer and in case of more personnel then a reasonable time of posting out be also ensured so that other disabled personnel also get chance of posting etc. In the said circumstance, posting of the petitioner to unit is unavoidable and righty transferred to 127 Bn which is placed under Administrative control of Kerala & Karnataka Sector and presently stationed at Ganjam (District), Odisha (State) by the IGP, KKS CRPF vide message No. T.IX.31/2017-KKS-EC-III dated 03/06/2017. While the filing of

*Sl.No.*	*Force No.*	*Rank*	*Name*	*Transferred to*
1.	891160572	ASI/GD	P.Veeramani	170 Bn
2.	871160791	ASI/GD	B.Annamalai	170 Bn
3.	913093289	HC/GD	P.Elumalai	170 Bn
4.	911272988	CT/GD	K.Subramanian	170 Bn
5.	913099895	HC/Dvr	S.Dakshinamurthy	127 Bn
			( produced before 26th* DRB on 09/12/16 at Ch, Avd. As desired, individual be produced in net DRB)
6.	841161755	HC/Tlr	C.Paramasivan	GC Blr

(i)	Within range	Respective Range DIG
(ii)	Within sector	Respective Sector ISGP
(iii).	Within zone	Special DG/ADG zone
(iv).	Inter zone	Transfer Committee
		comprising of DIG
		(Estt.) and DISG (Adm) of all zones will
		supervise and ensure
		fair balance across zones.

	SOUTH ZONE
HYD	HYDERABAD
RRY	RANGA REDDY
AVD	AVADI
PPM	PALLIPURAM
BLR	BENGALUR
CH	COMPOSITE HOSPITAL

S.No.	Force No.	Rank	Name Tra	nsferred to
1.	891160572	ASI/GD	P. Veeramani	170 Bn
2.	871160791	ASI/GD	B. Annalamalai	170 Bn
3.	913093289	HC/GD	P. Elumalai	170 Bn
4.	911272988	CT/GD	K. Subramanian	170 Bn
5.	913099895	HC/Dvr	S. Dakshninamurthy (* produced before 26^thDRB on 9/12/2016 at Ch, Avd. As desired, individual be produced in next DRB)	127 Bn
6.	841161755	HC/Tlr	C. Paramasivan	GC Blr

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