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2025 DAILYLAW 6320 (ORI)

SEK MUNSUF HOSEN v. UNION OF INDIA

WA/519/2025 · 2026-05-20

Chittaranjan Dash, Dixit K S

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.519 of 2025 Sek Munsuf Hosen … Appellant Mr. L. Samantaray, Sr. Advocate -versus- Union of India & Others … Respondents Mr. P.K. Parhi, DSGI Along with Mr. D. Gochhayat, CGC CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 20.05.2026 02. By means of this application, the Appellant seeks interim protection in relation to the transfer order whereby he has been directed to report at 215 Battalion, CRPF, Jamui, Bihar and the consequential actions taken pursuant thereto. 2. Learned DSGI appearing for the Respondents submitted that the writ petition essentially concerns a transfer matter. However, upon instructions, he fairly submitted that the Respondents would consider an appropriate arrangement in the peculiar facts and circumstances of the case. Learned senior counsel appearing for the Appellant submitted that the Appellant's son is suffering from 75% autism and has been undergoing treatment at Bhubaneswar. It was contended that adequate medical facilities for such treatment are available at Bhubaneswar and that p. 2 the transfer has caused serious hardship to the Appellant in attending to the medical needs of his child. Reliance was placed upon the relevant Government guidelines governing posting of employees who are caregivers of children with disabilities. It was further submitted that the Appellant has already applied for voluntary retirement and the said application is yet to be considered by the competent authority. In the meantime, disciplinary proceedings are sought to be initiated against him. 3. The essential grievance of the Appellant that was ventilated before the learned Single Judge was against the transfer order and consequent movement order which eventually resulted in the relieving order dated 10.09.2024. For certain reasons, the Appellant wants to remain at Bhubaneswar and, in support of his claim for retention, has pressed into service the Office Memoranda dated 05.01.1993 and 06.06.2014. 4. Both sides made vehement submissions on the merits of the matter. However, very graciously, they agreed with the proposal of this Court that, in terms of the transfer order, the Appellant shall be permitted to report for duty before the Commandant, 215 Battalion, CRPF, Jamui. The Appellant shall submit his application for voluntary retirement within a period of two weeks from today and the Respondents shall favourably process the same within an outer limit of six weeks thereafter. 5. We place on record our view that, for the period during which the Appellant remained absent from duty, he shall not be entitled to any service, monetary or other consequential benefits. Page 3 of 3 However, leave standing to his credit, if any, shall be adjusted against such period of absence. 6. The Appellant shall report for duty at the transferred place, as indicated above, within ten days from today. 7. In view of the aforesaid settlement, the contemplated disciplinary proceedings in respect of the delinquency of unauthorised absence shall stand dropped. 8. Ordered accordingly. Consequently, the Writ Appeal stands disposed of. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge Bijay/Sarbani Designation: Junior Stenographer