1 Serial No. 29 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 135/2024 Syed Shoaib Ahmad Bukhari …Petitioner/Appellant(s) Through: Mr. Mir Majid Bashir, Advocate Vs. Union Territory of J and K and Ors. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 02.06..2025 1. The appellant, a member of the Central Reserve Police Force, was transferred from 82 Bn. Srinagar, J&K to 120 Battalion Meghalaya North- East vide order dated 13.02.2024. He submitted a representation with the respondents for retaining him in Srinagar as his father was suffering from cancer and undergoing treatment at SKIMS Soura. The respondents vide letter dated 8thMay, 2024 declined the request of the petitioner to retain him at Srinagar and rejected his representation. The said order was assailed before the learned writ court through the medium of WP(C) No. 1043/2024 and an interim relief for retaining the appellant at Srinagar till the disposal of the main writ petition was also sought. However, vide its order dated 17thMay, 2024, the learned writ court after taking note of Clause (7) of the policy which relates to retention of officers/officials/personnel on account of medical condition of the spouses/children only, declined the prayer of the appellant for grant of interim relief. 2. This intra-court appeal is directed against the order dated 17thMay, 2024, whereby, the learned writ court declined to grant the relief to the appellant 2 at ad-interim stage. It is contended that the learned writ court has not rightly considered the controversy and has erroneously declined to grant the interim relief vide order dated 17thMay, 2024. 3. The respondents have filed the response to this appeal because no response was filed before the learned writ court when the matter was taken up for consideration on 17th May, 2024. It is stated in the response stated that the appellant remained posted with 42 Bn. Sonawar, Srinagar, J&K from 6th January, 2013 till 25th February, 2020 and, thereafter, with 82 Bn. Srinagar from 26th February 2020 till date, meaning thereby that as on date the appellant has remained posted in his home Union Territory for nearly 12 long years. It is further stated that as per the policy, the employee can be retained at his home place only in case of specified medical condition affecting ‘spouses and children’ and the case of the appellant does not fall under the policy and as such, was rightly rejected by the respondents. 4. Heard learned counsel for the parties and perused the record. 5. The record further depicts that vide order dated 31st May, 2024 passed by this Court, the operation of the order impugned dated 8th May, 2024 and order for relieving dated 30th May, 2024 was stayed. Even after the passing of the order by this Court, the appellant remained posted in Srinagar for more than one year. 6. We had put a specific query to Mr. Mir Majid Bashir, learned counsel for the appellant as to whether the appellant has any other sibling or not and after seeking the requisite information, he informed this court that the appellant has one brother, who is serving in the J&K Police Department but is residing separately. 3 7. After perusal of record, we find that the appellant has stayed in his home UT for nearly 12 long years and the cause projected by the appellant for retaining him in his home UT is not justified more particularly in view of the fact that the ailing father has another son as well and the policy placed on record also does not permit the retention of member of force on such ground. The appellant has not thrown any challenge to the policy in the writ petition. As the appellant has stayed in his home UT for nearly 12 years and the case of the appellant does not fall within policy, we are of the considered opinion that the learned writ court had rightly declined the relief sought for by the appellant. Accordingly, this appeal is found to be bereft of merit and the same is accordingly dismissed. (SANJAY PARIHAR) (RAJNESH OSWAL) JUDGE JUDGE SRINAGAR: 02.06.2025 “ADIL”