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M. V. MURALIDARAN
E. Sushil Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This writ petition has been filed to issue a writ of certiorarified mandamus to quash the orders dated 9.6.2020 and 1.7.2021 and the undated movement order and to allow the petitioner to proceed on voluntary retirement as per Rule 43 d(1) & (vi) of the CRPF Rules, 1955 from 69 Bn by accepting the application dated 5.4.2021.
2. The case of the petitioner is that in the year 2020 when he was under attachment to the Central Swimming Team at the GC Gurugram, the impugned order dated 9.6.2020 was issued, thereby proposing to transfer and post him at GC Ranchi. Despite the petitioner having problems of his mother suffering from heart disease associated with old age and his child suffering PRETERM/VLBW/Neonatal sepsis (Candida non albicans)/Anaemia of prematurity/NNJ, the petitioner was sincerely attending his duties. According to the petitioner, he was eligible for proceeding on voluntary retirement on completion of 20 years of service as per Rule 43 (d) (1) of the CRPF Rules and, in fact, on 5.4.2021, he had submitted an application to the Commandant 69 Bn CRPF requesting to forward the same for proceeding on VRS to the competent authority and for its acceptance. According to
The main legal point established is the requirement to consider the voluntary retirement application and communicate the decision before issuing transfer orders.
The court's decision was based on the satisfaction of the relief sought by the petitioner through an office order issued by the respondents, in accordance with the relevant rules.
The application for voluntary retirement should be considered by the new unit after the petitioner's transfer.
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
The transfer policy as contained in standing order No. 07/2015 creates enforceable rights for CRPF personnel, and authorities' actions in effecting transfers must be in accordance with the policy.
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