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2022 Supreme(Ker) 505

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
Divyamol R. S. – Appellant
Versus
Director General, Central Industrial Security Force, CISF Head Quarters – Respondent


Advocates Appeared:
For the Appellant : Sri. Joseph Kodianthara (SR.), Sri. R. Kishore (Kallumthazham).
For the Respondent: Sri. Manu S., ASG of India, Sri. P. Benny Thomas.

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

The facts of the instant case bring to the fore a classic instance of how a litigant, with the help of clever lawyers, can successfully tweak the law and the legal system in her favour, and avoid transfers and postings that form an integral part of her conditions of service. The appellant protagonist is an ASI/Clerk in the Central Industrial Security Force (CISF) and she has managed to continue in the home station at Kochi for nearly a decade, much to the chagrin and exasperation of her employers who are charged with administering a disciplined and uniformed force.

THE FACTS IN BRIEF:

2. The appellant joined the service of the CISF in the rank of Head Constable/Clerk on 22.09.2007 under a compassionate appointment scheme. Her father was a Naik in the CISF who died in an ambush by armed militants, while on duty at Nagaland. She was promoted as ASI/Clerk and posted in Cochin on 24.01.2008. She continued as such till 31.10.2013 and thereafter she was posted at the CISF unit in Cochin Port Trust with effect from 1.11.2013. In June 2015, when she was transferred to Vishakapatnam by an order dated 06.06.2015, she approached this Court through W.P.(C)

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