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High Court of Karnataka · body

2025 DAILYLAW 27189 (KAR)

SMT SHASHIKALA B C v. UNION OF INDIA

WP/15310/2025 · 2025-06-02

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15310 OF 2025 (S-RES) BETWEEN: SMT SHASHIKALA B C W/O SRI. B. M. SANJEEV AGED ABOUT 45 YEARS WORKING AS LADY HEAD CONSTABLE/GD HAVING CISF NO. 032280111 WORKING AT CISF UNIT 1ST RES URSC, VIMANAPURA, OLD AIRPORT ROAD BENGALURU-560 017. …PETITIONER (BY SRI. H S PRASHANTH., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001. 2. THE DIRECTOR GENERAL, CISF HEADQUARTERS, NO. 13 CGO COMPLEX, LODHI ROAD NEW DELHI 110 003. 3. THE ASSISTANT INSPECTOR GENERAL WESTERN SECTOR, PARISAR KHARGHAR NAVI MUMBAI, MAHARASHTRA - 410210 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 4. THE OFFICE OF THE SENIOR COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT URSC, BENGALURU - 560 017 REPRESENTED BY ITS ASSISTANT COMMANDANT. …RESPONDENTS (BY SRI. VINAY VENUGOPAL., CGC.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17/02/2025, NO.E-38015/ CISF/URSC(B) /ADM-I/ POSTING/ 2025/1185 PASSED BY THE R4, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 17.02.2025 passed by the fourth respondent vide Annexure-A, whereby the petitioner was transferred from the present unit, i.e., URSC, Bengaluru to IPRC, Mahendragiri. 2. The brief facts of the case are that, the petitioner was appointed as a Constable in the year 2003. - 3 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 Thereafter, she was promoted as a Lady Head Constable. From the date of her appointment, i.e., from 19.04.2003 to 28.02.2004, she worked at RTC, Barwaha, Madhya Pradesh, from 01.03.2004 to 17.05.2007, she worked at SSTPS, Shaktinagar, Uttar Pradesh, from 18.05.2007 to 30.04.2010, she worked at NALCO, Angul, Odisha. Thus, she completed out of zone tenure of six years. Thereafter, from 01.05.2010 to 20.06.2014, she worked at NLC, Neyveli, Tamil Nadu, from 21.06.2014 to 31.05.2019, she worked at URSC, Bengaluru, from 01.06.2019 to 15.05.2024, she worked at MCF, Hassan. On 06.05.2024, while she was working at MCF, Hassan, she was transferred to APEP, Alwaye, Kerala. The petitioner submitted a representation dated 07.05.2024 seeking for change of her place of posting and requesting to transfer her to Bengaluru on the ground that there is a court case pendingat Civil Court, Bengaluru. On her request, as per Annexure-E dated 10.05.2024, she has been transferred to URSC, Bengaluru for a period of one year, i.e., till May - 4 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 2025. Thereafter, on 17.02.2025, the impugned order vide Annexure-A has been passed transferring her from URSC, Bengaluru to IPRC, Mahendragiri, Tamil Nadu. Thereafter, on 02.04.2025, she submitted a representation seeking one more year’s extension to continue in URSC, Bengaluru on the ground that her son is promoted to 12th standard for the academic year 2025-26. The said request has been rejected, since, as per Annexure-E, the time of one year was granted till May 2025. Now, the movement order has been issued on 29.05.2025. Being aggrieved by the transfer order, the petitioner is before this Court. 3. The learned counsel for the petitioner raised the following contentions: (i) Firstly, the petitioner’s son Punith Puvanna is studying in 12th standard at Kendriya Vidyalaya, Bengaluru. As per the Circular issued by respondent No.2, if the ward is studying in 10th standard or 12th standard, in the current academic year, the employee will be permitted extension of one year. Therefore, the petitioner filed a - 5 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 representation vide Annexure-B, seeking one year’s extension, by undertaking that after the completion of 12th standard of her son, she will report to the transferred place. But the authorities, without giving any reason, contrary to the Circular issued by the respondent No.2 has issued the impugned order. (ii) Secondly, the representation was rejected on 20.05.2025 and the movement order was issued on 29.05.2025. In the meantime, the petitioner has also paid the school fee of her son. Therefore, she is entitled for extension of one year as per the Circular dated 25.09.2017. Hence, he sought for allowing the writ petition. 4. Per contra, the learned CGC appearing for the respondents has raised the following contentions: (i) Firstly, the petitioner was due for transfer in the year 2024 itself. In the year 2024 i.e., academic year 2024-25, her son was in 11th standard. By order dated - 6 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 06.05.2024 she was transferred from MCF, Hassan to APEP, Alwaye, Kerala. On her request, the transfer order has been modified and she has been posted to URSC, Bengaluru, for a period of one year, i.e., till May 2025. She is well aware that on her request the transfer order has been modified and she has been transferred to URSC, Bengaluru for a period of one year, i.e., till May 2025. Therefore the impugned transfer order vide Annexure-A has been issued on 17.02.2025. (ii) Secondly, when the transfer order was passed, the petitioner’s son was in 11th standard. After submitting the representation on 02.04.2025, she paid the school fee of her son for 12th standard on 10.04.2025. Even though the petitioner was well aware that she has been transferred to IPRC, Mahendragiri, Tamil Nadu by the impugned order, dated 17.02.2025 she has paid the school fees of her son. (iii) Thirdly, the petitioner was transferred to APEP, Alwaye, Kerala in May 2024 itself. But, on her request she - 7 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 was transferred to URSC, Bengaluru only for a period of one year, i.e., till May 2025. Now, she cannot seek for extension of one more year. (iv) Fourthly, in respect of the petitioner’s son is concerned, the Department has undertaken that it will assist the petitioner to transfer her son from Kendriya Vidyalaya, Bengaluru to get him admitted to 12th standard at Kendriya Vidyalaya, Mahendragiri, Tamil Nadu, if it is required. Hence, sought for dismissal of the writ petition. 5. Heard the learned counsel for the parties and perused the writ papers. 6. The facts of the case are not in dispute. The petitioner was due for transfer in the year 2024 when she was working at MCF, Hassan. On 06.05.2024, she was transferred to APEP, Alwaye, Kerala. On her request, the transfer order dated 06.05.2024 has been modified and she has been transferred to URSC, Bengaluru for a period of one year, i.e., till May 2025. Thereafter, the impugned - 8 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 transfer order vide Annexure-A has been passed on 17.02.2025. Pursuant to the earlier transfer order dated 06.05.2024 the petitioner has been transferred to IPRC, Mahendragiri instead of APEP, Alwaye, Kerala. The impugned order at Annexure-A is the modification of the earlier transfer order dated 06.05.2024. As on that day, the petitioner’s son was in 11th standard. After transfer order has been passed, she has submitted a representation on 02.04.2025 for extension of one more year in Bengaluru Unit on the ground that her son was admitted to 12th standard for the academic year 2025-26. In fact, the tuition fee of her son was paid on 10.04.2025 and she was aware that her service was due for transfer in the year 2024 and she is also aware that on her request the transfer order dated 06.05.2024 has been modified and she has been transferred to URSC, Bengaluru, that too, for a period of one year, i.e., till May 2025. Thereafter, she has to report to duty in the transferred place. Inspite of that, now she cannot claim extension of - 9 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 one year on the ground that her son was admitted to 12th standard for the academic year 2025-26. Therefore, the representation submitted by the petitioner has been rightly rejected and movement order has been issued. Therefore, there is no illegality in the order passed by the respondents. 7. The main grievance of the petitioner is that she has already paid the school fees of her son for 12th standard in Kendriya Vidyalaya, Bengaluru. Since the respondents are ready to assist the petitioner to get transfer of her son from Kendriya Vidyalaya, Bengaluru to Kendirya Vidyalaya, Mahendragiri, Tamil Nadu, no hardship will be caused to the petitioner. Therefore, the petitioner cannot seek one more extension on the ground that her son joined 12th standard at Bengaluru for the academic year 2025-26. 8. In view of the above, the writ petition is devoid of merit, accordingly, it is dismissed. - 10 - HC-KAR NC: 2025:KHC:18575 WP No. 15310 of 2025 In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 60