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2025 DAILYLAW 122209 (ALL)

892437825 MD KHURSID ALAM KHAN v. UNION OF INDIA THRU. SECY. DEPART MINISTRY HOME AFFAIRS INDIA AND 2 OTHERS

WRIA/1621/2025 · 2025-02-10

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8470 Court No. - 6 Case :- WRIT - A No. - 1621 of 2025 Petitioner :- 892437825 Md Khursid Alam Khan Respondent :- Union Of India Thru. Secy. Depart Ministry Home Affairs India And 2 Others Counsel for Petitioner :- Rahul Yadav,Manoj Kumar Yadav Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J. 1. Heard Sri Rahul Yadav, learned counsel for the petitioner and Sri S. B. Pandey, Deputy Solicitor Generlal of India assisted by Sri Devrishi Kumar Arora on behalf of the respondents. 2. The petitioner is working on the post of Assistant Sub Inspector in Seema Suraksha Bal and is presently posted at 15th Battalion, Jammu and Kashmir. It is stated that the petitioner's daughter aged about 24 years is 90 per cent mentally disabled and is undergoing treatment at Lucknow and accordingly in the present writ petition prayer has been made for a direction to the Director General, Head Quarter, Seema Suraksha Bal, Kendriya Karyalaya Parishad, Lodhi Road, New Delhi to decide representation dated 8.1.2025. 3. This Court has noticed in paragraph 14 of the writ petition that the petitioner has mentioned about filing of writ A No.1747 of 2022 (Md. Khursid Alam Khan Vs. Union of India and others) which was disposed of on 30.3.2022 but the order of the Writ Court has not been annexed and accordingly the said order was produced before this Court from which it transpires that on previous occasion when the petitioner was posted at Meghalaya, he had on the same grounds souhgt his transfer when he was posted at Lucknow by filing present writ petition and accordingly, this Court had directed the Director General, Seema Suraksha Bal to consider the representation of the petitioner. The petitioner has also not disclosed that it is in pursuance of the directions of this Court his is representation was favouraly decided and instead of Meghalaya, he was posted at Kolkata. Now that the petitioner has been transferred from Kolkata to Jammu & Kashmir, he has approached this Court by filing present writ petition seeking a direction to the respondents to transfer him from Jammu & Kashmir to Haryana. 4. Considering the fact that the opposite parties are fully aware about aforesaid facts and circumstances and the mental condition of the daughter of the petitioner and they had interfered on previous occasion transferring the petitioner to Kolkata and now that the petitioner has been transferred to Jammu & Kashmir, he seeks a direction to consider his representation for being transferred to Haryana. The respondents have already considered the case of the petitioner and there is no dispute that they would further consider the grievance of the petitioner when it is placed before them. 5. Accordingly, it is open for the respondents to consider and pass appropriate orders on the representation made by the petitioner with expedition. 6. With aforesaid direction the petition stands disposed of. (Alok Mathur, J.) Order Date :- 10.2.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench