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2021 Supreme(Online)(Mad) 75700

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S. VAIDYANATHAN
D.LATHA – Appellant
Versus
THE DIRECTOR GENERAL OF POLI – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.09.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN Writ Appeal Nos.244 and 245 of 2020 and Writ Petition No.14251 of 2020 Writ Appeal Nos.244 and 245 of 2020:

D.Latha ... Appellant in both Writ Appeals vs.

1. The Director General of Police, Directorate General CRPF, CGO Complex, Lodhi Road, New Delhi 110 003.

2. The Inspector General of Police (TRAINING), Training Directorate CRPF, Sector-I, R.K.Puram, New Delhi.

3. The Inspector General of Police, Southern Sector, CRPF, Road No.10C, Jubilee Mills, Near MLA/MPS Colony, Gayathri Hills, Hyderabad 500 033.

4. The Deputy Inspector General of Police, Central Training College CRPF, Coimbatore District - 17.

Tamil Nadu. ... Respondents in both Writ Appeals Writ Appeals filed under Clause 15 of Letters Patent against the common order dated 29.01.2020 passed by this Court in W.P.No.4550 of

2018 and W.P.No.39513 of 2016.

For Appellant in both W.As. : Mr.M.Elango For Respondents in both W.As.: Mr.K.Srinivasa Murthy, Senior Panel Counsel for Central Government Writ Petition No.14251 of 2020:

D.Latha ... Petitioner vs.

1. The Director General of Police, Directorate General CRPF, CGO Complex, Lodhi Road, New Delhi 110 003.

2. The Inspector General of Police (TRAINING), Training Directorate CRPF, Sector-I, R.K.Puram, New Delhi.

3. The Inspector General of Police, Southern Sector, CRPF, Road No.10C, Jubilee Mills, Near MLA/MPS Colony, Gayathri Hills, Hyderabad 500 033.

4. The Deputy Inspector General of Police, Central Training College CRPF, Coimbatore District – 17, Tamil Nadu.

5. The Commandant, O/o. IGP, Principal Central Training College, CRPF, Coimbatore 17. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorari, calling for the records relating to the order dated 06.03.2018 passed by the 4th Respondent in proceedings No.P.VIII-3/2017-FC-1, and quash the same. For Petitioner : Mr.M.Elango For Respondents : Mr.K.Srinivasa Murthy, Senior Panel Counsel for Central Government

C O M M O N J U D G M E N T

(Judgment of the Court delivered by S.VAIDYANATHAN,J.)

Aggrieved by the common order dated 29.01.2020 passed by the learned Single Judge in W.P.No.4550 of 2018 and W.P.No.39513 of 2016, the Writ Petitioner viz. D.Latha, has come up with the above Writ Appeals. She has also filed W.P.No.15251 of 2020 seeking to quash the order dated 06.03.2018 passed by the 4th Respondent vide proceedings No.P.VIII-

3/2017-FC-1.

2. As the issue involved in the Writ Appeals and the Writ Petition is one and the same, all the cases are taken up for disposal by a common judgment.

3. According to the Appellant/Writ Petitioner, she joined the Central Reserve Police Force (CRPF) as a Constable on 28.03.1995 and posted at Central Training College, CRPF, Coimbatore. In the year 2009, she sustained an injury in her right ankle and underwent treatment. Subsequently, the Appellant/Writ Petitioner was transferred to 213 (Mahila) Bn vide DIGP (Estt) Dte Genl Signal No.T.IX.15 (ACO)/2016-Estt, dated 19.02.2016. Challenging the said order of transfer, the Appellant/Writ Petitioner filed W.P.No.13403 of 2016 before this Court. However, the same was dismissed by an order dated 07.08.2017.

4. In the meantime, in view of her medical condition, the Appellant/Writ Petitioner submitted an Application on 17.10.2016 to the fourth Respondent herein, seeking permission to retire under Voluntary Retirement Scheme (VRS) and the same was received by the fourth Respondent on 18.10.2016. It is the case of the Appellant/Writ Petitioner, that, she is entitled to apply under Voluntary Retirement Scheme as per Rule 43(d)(i) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as 'CRPF Rules'). As the said Application under Voluntary Retirement Scheme was rejected by the Respondents, the Appellant/Writ Petitioner filed W.P.No.39513 of 2016 to accept her Application dat

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