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2024 Supreme(Cal) 643

RAJA BASU CHOWDHURY
Swapan Kumar Roy – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.B.S. Mahapatra.
For the Respondents: Mr. Hemonta C. Mitter.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The instant writ petition has been filed, inter alia, challenging the order dated 13th March, 2012 issued under Clause 1(b) of Rule 48 of Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the “said Rules”) thereby, compulsorily retiring the petitioner from services.

2. Shorn of unnecessary details, the facts are that the petitioner had been employed in the Central Industrial Security Force (hereinafter referred to as the “CISF”) and at the relevant point of time was posted at CISF Unit, Kolkata Port Trust.

3. It is the petitioner’s case that he was appointed on 30th December, 1981. Subsequently, he was promoted to the post of Head Constable in the month of May, 2002. The petitioner claims that he has a specially abled daughter and for her education he had been residing at his quarters in Taratala. It is for his daughter’s education that he had requested that he be retained in Kolkata and had also requested for cancellation of the order of his transfer from Durgapore to Assam. Since, his request was not adhered to he was constrained to move a writ petition which was registered as CO. No 13470 W of 1996. On contested hearing a

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