ORDER :

1. Heard Sri A.G.Satyanarayana Rao, Learned Counsel appearing for the petitioner and Sri Gadi Praveen Kumar, Learned Deputy Solicitor General of India, appearing for respondents.

2. The learned Counsel appearing for the petitioner submits that the petitioner was appointed as CISF Constable in the year 1996 and the petitioner has been suffering from Bipolar Affective Disorder with Psychosis and taking treatment at Government Hospital for Mental Care, Erragadda, Hyderabad and the Medical Board issued proceedings on 05.02.2021 stating that considering the present mental status examination and also considering the course and nature of the illness, the Board came to conclusion to allow the petitioner in service under Low Medical Category-SE (T-24) duty without firearms and the accordingly the petitioner has been discharging his duties at Cherlapalli, Hyderbad. While it being so, the respondent No. 2 issued Service Order No. 211/2022 dated 28.03.3022 transferring the certain Constables, including the petitioner from South Zone to East Zone, wherein it was specified that if anybody aggrieves by the Inter-Sector Transfers, must submit their representations on or before 14.04.2022. Pursuant to the service order No. 211/2022, the respondent No. 3 issued Eastern Sector Service Order No. 28/2022 on 01.04.2022 transferring the petitioner to BCCL: Dhabnad. In view of the treatment being taken by him the petitioner submitted his representation on 08.04.2022 requesting to cancel the transfer order as it would be difficult for him to take treatment every fortnight and also as the Dhanbad is not native place of the petitioner, he would be deprived of family support to him which is essential for proper cure of the petitioner. In spite of representation filed by the petitioner on 08.04.2022 for cancellation of the transfer order was pending for consideration, the respondent No. 3 issued proceedings on 30.04.2022 to posted to Dhanbad and relieved him on 30.04.2022.

3. The learned Counsel for the petitioner submits that the Mental Health Care Act, 2017, which has come into force with effect from 07.04.2017, specifies the rights of persons with mental illness. As per Section 18 (1) every person shall have a right to access mental healthcare and treatment from mental health services run or founded by the appropriate Government. As per Sub-Section 5 (b) of Section 18 the appropriate Governments shall provide treatment in a manner which supports persons with mental illness to live in the community and with their families. Further Sub-Section 5 (d) of Section 18 specifies that the appropriate Governments roll ensure that no person with mental illness shall be required to travel long distances to access mental health service and such services shall be available close to the place where a person with mental illness reside and these provisions are mandatory and requested to allow the writ petition.

4. The Learned Counsel for the petitioner relied on the following judgments:

1. Net Ram Yadav vs. State of Rajasthan and Others, 2022 SCC Online SC 1022

2. Ravinder Kumar Dhariwal and Another vs. Union of India, 2023 (2) SCC 209

5. The learned Deputy Solicitor General of India, appearing for the respondents, basing on the counter submits that, the transfer and posting of the petitioner has been issued strictly abiding by transfer policies under CISF HQrs. New Delhi Circular No. 22/2017 dated 25.09.2017 and as per the turn of the petitioner obviously by taking care of his mental illness and humanitarian aspects.

6. The learned Counsel for the respondents further submits that no representation of the petitioner on posting issues is pending for disposal at any level. The petitioner has been penalized on fifteen occasions in the form of two major penalties and thirteen minor penalties for various types of misconducts and the petitioner cannot claim relief against the respondents in the present case and the grounds raised by the petitioner are devoid of any merit and