Jharkhand High Court
Amarkant Toppo vs The Union Of India Through D.G on 8 August, 2023
Author: R. Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4171 of 2023
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Amarkant Toppo ... Petitioner
Versus
1. The Union of India through D.G., C.R.P.F., New Delhi.
2. The I.G., C.R.P.F., New Delhi.
3. The D.I.G., C.R.P.F., Sembo, District Ranchi.
... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Dr. Ashok Kr. Singh, Adv.
Mr. Shivam Singh, Adv.
Mr. Nilesh Modi, Adv.
For the Respondents : Mr. Anil Kumar, A.S.G.I.
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02/08.08.2023 Defects, as pointed out by the Office, are ignored.
Heard Dr. Ashok Kr. Singh, learned counsel for the petitioner and Mr. Anil Kumar, learned Addl.S.G.I. The petitioner in this writ application has prayed for a direction upon the respondents not to post the petitioner in high altitude areas till such time as he is undergoing treatment for his present health condition. The petitioner has further prayed for a direction upon the respondents to sympathetically consider his representation and to post him in a CRPF unit of Ranchi regard being had to his present health condition.
It has been submitted by Dr. Singh, learned counsel for the petitioner that as per the certificate issued by the Senior Medical Officer/DC, 92-Bn CRPF, Wadoora, Sopore, Baramulla (J&K) the petitioner has been diagnosed with Systemic Sclerosis & Bronchiectasis. It has been submitted that the petitioner was posted in the high altitude area of Sopore and on account of his breathlessness he is suffering from Systemic Sclerosis & Bronchiectasis. The petitioner be posted in a low altitude area which would suit him medically. Learned counsel submits that the representation for transferring the petitioner to a low altitude area has already been submitted by the petitioner but the same has not yet been acted upon.
Mr. Anil Kumar, learned A.S.G.I. has opposed such prayer while submitting that the leave of the petitioner is to end on 14.08.2023 and only to prolong his stay at Ranchi the -2- petitioner has preferred the present writ application. Learned A.S.G.I. has also submitted that during his entire career the petitioner has been posted at Ranchi for about 12 years and is now taking a plea of suffering from breathlessness and other high altitude diseases. It has also been submitted that prayer of the petitioner would indicate that he prefers to stay at Ranchi at which Dr. Singh, learned counsel for the petitioner submits that the petitioner may be posted at any low altitude area and not specifically at Ranchi.
The petitioner is in Central Reserve Police Force who was transferred to Wadoora, Sopore, Baramulla in the State of Jammu & Kashmir where he joined on 25.11.2021.
It is the case of the petitioner that he was suffering from lungs disease for which he was admitted to the hospital for 17 days. The petitioner has been granted leave which is going to expire on 14.08.2023. The main plank of argument of the learned counsel for the petitioner seems to be the certificate issued by the Senior Medical Officer/DC, 92-Bn CRPF, Wadoora, Sopore, Baramulla (J&K) in which the petitioner appears to have been diagnosed with Systemic Sclerosis & Bronchiectasis. Therefore, the petitioner prays that he be posted at a low altitude area as his medical condition is not suitable for being posted in a high altitude area like Sopore.
Since the petitioner has represented the authorities with respect to his transfer to a low altitude area, this writ application stands disposed of with a liberty to the petitioner to file a fresh representation before the respondent no.2 within a period of three weeks from today and if such representation is preferred, the respondent no.2 shall consider it and dispose it of by a speaking and reasoned order within a period of two weeks from the date of submission of the representation.
This writ application stands disposed of with the aforementioned observations. Pending interlocutory application also stands disposed of.
(R. Mukhopadhyay, J.) Shamim/-