IMPORTANT POINT
The main legal point established is the requirement to consider the voluntary retirement application and communicate the decision before issuing transfer orders.

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 petitioner, no action was taken on the said representation till date, instead, by the order dated 1.7.2021, the petitioner was transferred to GC Ranchi by striking from the strength of 69 Bn with effect from 25.6.2021. A communication dated 5.8.2021 was also sent to the Digcent GC Gurugram to relieve the petitioner and consequently, an undated movement order was issued by the Deputy Commandant GC, Gurugram directing the petitioner to move to GC Ranchi. Challenging the same, the petitioner has filed the present petition.

3. The respondents filed affidavit-in-opposition stating that after completion of the normal tenure in 69 Bn, the petitioner was transferred to GC Ranchi as per IG, CRPF Jharkhand Sector Signal dated 9.6.2020 during Summer Chain Transfer 2020. Since the petitioner was attached with Central Swimming Team at GC Gurugram and was not likely to report to 69 Bn for further relief on transfer to GC Ranchi, the case was taken up with IG, CRPF, Jharkhand Sector to relive him on paper strength. Accordingly, IG, CRPF, Jharkhand Sector vide order dated 25.6.2021 permitted 69 Bn to relieve him on paper strength and the petitioner was relieved with effect from 25.6.2021 to GC Ranchi vide order dated 1.7.2021.

4. It is stated that in the meantime, an application for VRS was received from the petitioner. Since the case of transfer of the petitioner to GC Ranchi was under process and also status of his verification of qualifying service was not known to 69 Bn, his application along with the connected documents were forwarded to GC Ranchi. After verification, GC Ranchi issued an order stating that the petitioner had completed only 18 years 5 months and 21 days qualifying service upto 31.5.2021. Further, out of 20 years, 2 months and 8 days of the total service upto 31.5.2021, the petitioner has 1 years, 8 month and 17 days of non-qualifying service due to regularization of overstay from his leave for as many as 7 times. Thus, he has not yet completed the 20 years of mandatory qualifying service and not eligible for proceeding on voluntary retirement as stipulated in Rule 48(A) (a) of CCS (Pension) Rules, 1972. Hence, prayed for dismissal of the writ petition.

5. Assailing the impugned orders, Mr. M. Devananda, the learned counsel for the petitioner submitted that in the year 2017 petitioner's wife gave birth to their son prematurely and the child was diagnosed as PRETERM/VLBW/Neonatal sepsis (Candida non albicans)/Anaemia of prematurity/NNJ and is taking treatment for the said ailment. Even after many years the health of the child does not improve and requires constant medical treatment. Further, the petitioner's mother is also suffering from heart disease and despite having problems which requires his personal attendance, the petitioner has been atte