High Court Kerala High Court

H.A.Bhovi vs Commandant on 23 July, 2008

Kerala High Court
H.A.Bhovi vs Commandant on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1528 of 2008()


1. H.A.BHOVI, 861350461 CONSTABLE
                      ...  Petitioner

                        Vs



1. COMMANDANT, CISF UNITCPT, COCHIN.
                       ...       Respondent

2. D.I.G., CISF.SOUTHERN SECTOR,

3. DIRECTOR GENERAL

                For Petitioner  :SRI.G.SASIDHARAN CHEMPAZHANTHIYIL

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/07/2008

 O R D E R
           J.B.KOSHY & P.N.RAVINDRAN, JJ.
                  -------------------------------
                 W.A.NO.1528 OF 2008 ()
                -----------------------------------
          Dated this the 23rd day of July, 2008

                      J U D G M E N T

KOSHY,J.

The petitioner is working as a Constable in the CISF Unit

of Cochin Port Trust. He was transferred to CISF Unit, UCIL,

Jaduguda, in the State of Uttar Pradesh. He has got 15 years

of service. He was transferred in 2006-07. Against Ext.P1

transfer order, he made Ext.P2 representation contending that

his daughter is studying in Class X at Kendriya Vidyalaya,

Cochin Port Trust. He pleaded that his transfer be deferred

for one more year to retain in Cochin. His request was

considered and one more year was granted to retain in

Cochin. Again in 2006, he proposed to be transferred. At

that time also, he requested for deferment contending that his

son was studying in 10th Standard. Again one year was

granted. Now also he is proposed to be transferred. Now his

W.A.1528/08 2

request is that his daughter is studying in 12th Standard and

examination has already been fixed. He was working in the

South Zone for the last 14 years. He is a transferred

employee and he is bound by transfer orders. There are

several employees who are awaiting for transfer to home

State. Next year his son will be studying in 12th Standard and

at that time also he may request for deferment of transfer.

Taking into consideration of the circumstances, Learned

Single Judge rejected the contention. Petitioner submitted

that family may be allowed to retain at the CISF Unit, Cochin.

Even though in the normal circumstances, he can be retained

only for 15 days. The learned Single Judge directed as

follows:

“But, I direct the respondents to permit
the petitioner to be retained at the
CISF Unit of Cochin Port Trust till
20.7.2008 to enable to him to make
arrangements for the stay of his
family.”

We are of the view that maximum benefits were granted to the

petitioner and we see no ground to interfere in the impugned

W.A.1528/08 3

judgment of the learned Single Judge, and hence, this appeal

is dismissed.

J.B.KOSHY, JUDGE

P.N.RAVINDRAN, JUDGE
prp

J.B.KOSHY & P.N.RAVINDRAN, JJ.

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M.F.A.NO. OF 2006 ()

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J U D G M E N T

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26th May, 2008