Telangana High Court

WP/25080/2004 of D. Sujatha, Vs Director General of Police, on 31 December 2004

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO.25080 of 2004 Between: D. Sujatha, W/o M. Koteswara Rao, 99 BN, RAF/CRPF, F.No. 940880241,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO.25080 of 2004

Between:

D. Sujatha, W/o M. Koteswara Rao,

99 BN, RAF/CRPF, F.No. 940880241, Hakimpet, Secunderabad.

AND

...PETITIONER

1. The Director General of Police, Central Reserve Protection Force, Ministryof Home Affairs, R.K.Puram, New Delhi – 110022.of Home Affairs, R.K.Puram, New Delhi – 110022.

2. The Commandant, B.No.99, RAF/CRPF, Hakimpet, Secunderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ particularly one in the nature of Writ of mandamus while calling for therecords to direct the respondents herein to retain the petitioner along with petitionerserving husband, at the present station as per the policy of the CRPF of Retaininghusband and wife together, as per the spirit of the guidelines particularly as clarifiedin Annexure-2 herein in the ends of justice.

Counsel for the Petitioner: MR.P.V.RAVINDER KUMAR

Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (SC FOR CentralGovernment)

The Court at the admission stage made the following:

THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.25080 OF 2004

ORDER:

The present Writ Petition is filed challenging the transfer order of the secondrespondent in his proceedings No.T.IX/04-99-EC-I dated Nil/12/2004 in respect ofthe present petitioner transferring from Hyderabad to Delhi. The petitionerchallenges the same on the ground that her husband is working at Secunderabad.

Heard the learned counsel for the petitioner and also the learned standing counselfor the respondents.

There cannot be any dispute that the transfer is made under General Transfers, as itis one of the requirements of the service conditions. The jurisdiction of the authority,who issued the transfer order is not under challenge. So also, no malafides areattributed to the transferring authority and it is also not a case that the transfer ismade in contravention of the rules or regulations regarding the transfer of thecandidates. But the grievance of the petitioner is that her husband is working atSecunderabad and for that purpose, she made a representation to the respondentson 29.12.2004 to consider her case to retain her at Hyderabad, so that, they both canlive at the present station. The same has to be considered by the respondents in accordance with the transfer policy of the respondents.

Accordingly, the Writ Petition is disposed of, directing the respondents to considerthe representation of the petitioner, dated 29.12.2004 in accordance with the rulesand regulations.

____________(K.C.BHANU, J)

31[st] December 2004

RRB

ASSISTANT REGISTRAR

//True Copy//

SECTION OFFICER

Copy To:

1. The Director General of Police, Central Reserve Protection Force, Ministryof Home Affairs, R.K.Puram, New Delhi – 110022.of Home Affairs, R.K.Puram, New Delhi – 110022.

2. The Commandant, B.No.99, RAF/CRPF, Hakimpet, Secunderabad.

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