Page No.# 1/5 GAHC010043802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1239/2025 ASSISTANT SUB INSPECTOR MALATI DEVI FORCE NO. 973030021, D/O LATE SURJYA KANTA NATH RESIDENT OF HOUSE NO. 695, NEAR LACHIT NAGAR BUS STOP, POST OFFICE-ULUBARI, POLICE STATION- PALTAN BAZAR, DISTRICT- KAMRUP(M), ASSAM, PIN 781007 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110003 2:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI- 110001 3:THE DEPUTY INSPECTOR GENERAL (ESTABLISHMENT) OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI-110001 4:THE INSPECTOR GENERAL OF POLICE NORTH EASTERN SECTOR CENTRAL RESERVE POLICE FORCE SHILLONG MEGHALAYA PIN- 793001 5:THE DY. INSPECTOR GENERAL OF POLICE CENTRAL RESERVE POLICE FORCE GROUP CENTRE Page No.# 2/5 AMERIGOG PIN- 781316 6:THE COMMANDANT GROUP CENTRE AMERIGOG GUWAHATI 9TH MILE CENTRAL RESERVE POLICE FORCE ASSAM PIN - 78131 Advocate for the Petitioner : MR. R MAZUMDAR, MR. R DEKA,MS T WAPANGLA,MRS P RAI Advocate for the Respondent : DY.S.G.I., MR. G PEGU (C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.03 .2025 Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for the respondents. The petitioner is before this Court putting to challenge the order dated 31.01.2025 issued by the respondent authority, whereby the petitioner was transferred on promotion to 232(M) Battalion CRPF. The petitioner is serving as an Assistant Sub-Inspector, at the Group Centre, Central Reserve Police Force, Guwahati. Earlier the petitioner was sought to be transferred to the same battalion and the petitioner approached this Court by filing a writ petition urging that the petitioner's mother needs constant medical care as she is suffering from dementia/alzheimer and the petitioner being the only caregiver, her mother cannot be left alone without constant care and supervision by the caregiver namely petitioner. Initially in the earlier writ petition the interim order was Page No.# 3/5 passed vide order dated 05.06.2024, subsequently upon the earlier transfer order being cancelled and subsequently the earlier writ petition stood closed by order dated 24.01.2025. After the earlier transfer order cancelled, the present impugned order 31.01.2025 was issued whereby the petitioner was transferred, but on promotion to the post of Assistant Sub-Inspector. The petitioner submits that the respondent authority has virtually received the earlier transfer order but with the only difference of giving her promotion on transfer. She has already been given the rank of Assistant Sub-Inspector in the CRPF. The learned counsel for the petitioner has referred to several medical records of the mother of the petitioner given by specialist doctors to submit that the petitioner’s mother suffers from alzheimer/dementia and as per doctor's advice she is required to be retained in her present place of domicile or residence so that she is familiar with the surroundings. Under such circumstances, the petitioner has approached this Court. The learned counsel for the petitioner has also referred to “Clause I” of the policy of the CRPF circulated by an Office Memorandum dated 02.02.2024 that the caregiver of person with disability is exempted from routine transfer/rotational transfer. He submits that this present transfer, although shown to be a transfer on promotion but it is in effect a routine transfer as the petitioner was earlier transferred as a Head Constable to the same battalion to which she has now been transferred but on promotion. Mr. R. Mazumdar, learned counsel for the petitioner further submits that the petitioner has also filed an additional affidavit to state before the Court that she is willing to forego her promotion to stay back and look after her disabled mother as there is no other person available and willing to take care of her mother. Page No.# 4/5 Mr. G. Pegu, learned CGC submits that he be permitted time to complete his instructions. He also submits that the policy which has been referred in the Office Memorandum dated 02.02.2024 is in respect of routine transfer/rotational transfer, but by the impugned order dated 31.01.2025 the writ petitioner has been given transfer on promotion and she has already been accepted the rank. Having heard the learned counsel for the parties and upon due consideration of the submissions made as well as the Office Memorandum referred to. This Court is of the view that since there is already a policy for exemption from routine transfer/rotational transfer in respect of a person who is the only caregiver to a person with disability as submitted, this Court considers it appropriate to close the matter at this stage permitting the petitioner to file an application before the respondent No.2 immediately with all particulars and who in turn will examine the matter in the light of the Office Memorandum dated 02.02.2024 along with the medical opinions rendered by specialist doctors who are certifying that movement of the disabled mother of the petitioner from her present place of residence would be detrimental to her health. The petitioner is permitted to file the application to the respondent No.2 through the respondent No.5 within a period one week from the date of receipt of a certified copy of this order and thereafter the respondents will decide on this issue and pass necessary orders within a period of three weeks from the date of receipt of the application. The respondents will also take into consideration the contention of the petitioner that she is willing forego her promotion. A certified copy of this order will also be filed before the competent authority. The interim order dated 31.01.2025, in so far as it relates to the writ Page No.# 5/5 petitioner whose name appears at Serial No. 1810 will continue till such speaking order as directed is passed by the respondents. Accordingly, this writ petition disposed of. JUDGE Comparing Assistant