Talib Hussain Khan Gojar v. Union of India Th.Its Secretary (Ministry of Home Affairs) and Others

ORDER

07.09.2026

¶1The petitioner, through the medium of the present petition, claiming to be Constable/GD No. 105341563 in the Central S. No. 13 Regular

Reserve Police Force (CRPF), presently serving in 155 Battalion, Assam, seeks the following reliefs: "a) Writ of Mandamus or any other appropriate writ, order, or direction directing the Respondents to transfer and post the Petitioner in a suitable unit/establishment of the CRPF located at Srinagar, Jammu & Kashmir, or at any place near to his hometown as possible, on medical grounds, b) Writ of Mandamus directing the Respondents to consider and dispose of the Petitioner's representations for transfer on medical grounds in accordance with the law and the CRPFs' Transfer Policy within a stipulated time frame, c) Any other writ, order, or direction which this Hon'ble Court may deem fit and proper in the interests of justice, equity, and good conscience."

¶2Learned Senior Counsel for the petitioner submits that, besides having a family to look after, the petitioner has old-aged parents who are also medically indisposed. It is submitted that, owing to the petitioner's posting at a distant place in Assam, it becomes difficult for him to attend to any medical exigency at his home, the respondents be directed to consider the petitioner's request for transfer on medical grounds, in accordance with the applicable CRPF Transfer Policy and rules.

¶3Mr. Faizan Ahmad Ganie, learned CGC appearing on behalf of the respondents, submits that the respondents have no serious objection to the consideration of the representation, if any, made by the petitioner with regard to the grievance raised in the present

petition, and that an appropriate order can be passed for consideration of the said representation.

¶4For the reasons stated in the petition and the submissions made at the Bar by learned counsel for both sides, the present petition is disposed of, at the motion stage, with a direction to the respondents to consider the representation filed by the petitioner, as also the grounds raised in the present petition, while considering his request for transfer to a place near his home or to any other place convenient to him, so as to enable him to attend to his family in the event of any medical exigency. The respondents are expected to consider and decide the matter within a period of six weeks, from the date, they receive a copy of this order.

¶5Disposed of along with all interim application(s).

(M. A. CHOWDHARY)

JUDGE

SRINAGAR

07.09.2026 Bisma Jan.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2114/2026 CM(5718/2026). Talib Hussain Khan Gojar, 35 Years S/O Moboummad Younis Khan Gojar Constable/GD, No. 105341560, 155 Battalion, CRPF, Bokajan Assam, R/O Chitti Bandi, District Bandipora …Petitioner(s) Through: Ms. Arifa Jan, Senior Advocate with Ms Moomina Aslam, Advocate. VERSUS 1. Union of India, Through its Secretary, Ministry of Home Affairs, North Block, New Delhi-110001 2. DIRECTOR GENERAL, Central Reserve Police Force (CRPF), CGO Complex, Lodhi Road, New Delhi-110003. 3. INSPECTOR GENERAL (P), North Western Sector, Central Reserve Police Force (CRPF), Srinagar, Jammu & Kashmir. 4. COMMANDANT, 155 Battalion, CRPF, Bokajun Assam Through: Mr. Faizan Ahmad Ganie, CGC vice Mr. T. M. Shamsi, DSGI. …Respondent(s) CORAM: HON'BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.