1 2025:CGHC:22506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4029 of 2025 Birbal Singh S/o Ramjilal Aged About 35 Years R/o Sector 3, Bhilai District Durg Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Home Department, New Delhi 2 - Director General CISF Central Industrial Security Force, Headquarter, 13 CGO Complex, Lodhi Road, New Delhi Pin 110003 Deputy Inspector General Central Industrial Security Force, Headquarter 13 3 - CGO Complex Lodhi Road, New Delhi Pin 110003 4 - Dy. Inspector General Central Industrial Security Force, Unit Bhilai Steel Plant Chhattisgarh 5 - Assistant Commandant Central Industrial Security Force, Unit Bhilai Steel Bhilai, District Durg Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rahil Arun Kochar, Advocate. For Respondent(s) : Mr. Ramakant Mishra, Dy. Solicitor General. Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 05/06/2025 1. With the consent of learned counsel for the parties, the matter is heard finally and perused the record with utmost circumspection. 2. Learned counsel for the petitioner submits that the petitioner’s daughter is studying in class 10th at SNG Vidya Bhawan School, Sector 4 Bhilai, and Rule 5(d) of the Circular No. 07/2024 dated 23.12.2024 provides that NGO’s can be permitted an extension in his/her present unit for one year if his/her ward is studying in 10th or 12th Class in the current academic year and staying with him/her at the location of posting subject to operational and administrative requirements. He/she will not be given extension in the next year on the ground of second ward/ wards studying in 10th or 12th class in the subsequent year. This policy is applicable only for two living children and can be availed once for one child’s education. He further submits that the petitioner is a constable in Central Industrial Security Force, at Bhilai Steel Plant and transfer order has been passed by the Assistant Commandant on 24th May, 2025 directing him to join NTPC, Khargone for further instruction and duty without considering the fact that the petitioner is disabled person, suffering from Spinal issues and requires proper treatment and care. He also submits that his daughter is suffering from Medical issues and for that she requires regular checkup and is undergoing the treatment for her serious disease in the Hospital from a long period time. He lastly submits that in Khargone, there is no hospital for the treatment of the petitioner's daughter who has stunt in her head which is a serious disease and proper care, medication and treatment is 3 required and therefore, the impugned transfer order is against the transfer policy and the petitioner will suffer irreparable loss. As such, the writ petition deserve to be allowed and the impugned transfer order deserves to be set aside. 3. Learned counsel for the respondents/UOI opposes the submissions made by learned counsel for the petitioner. 4. From perusal of the record, it transpires that the petitioner is a Constable in Central Industrial Security Force, Bhilai Steel Plant, therefore, he is duty bound to obey and comply with the orders of the Assistant Commandant/respondent No. 5 herein. Therefore, no relief can be granted to the petitioner as prayed by him by way of IA No. 01/2025 (application for grant of Stay). 5. Be that as it may, the petitioner is at liberty to move an application/representation for redressal of his grievance in the light of Rule 5(d) of the Circular dated 23/12/2024 before the respondent No. 5. If such an application/representation is made, respondent No.5 would do well to consider and shall decide the same in accordance with law/ Rule/Regulation/Policy. 6. It is made clear that this Court has not expressed any opinion on merits of the case. 7. With the aforesaid observation/direction, the writ petition finally stands disposed off. No order as to cost(s). - S/- Sd/- (Arvind Kumar Verma) Judge Kunal