HC Asks Govt To Consider BSF Man’s Plea To Attend Ailing Sons

SRINAGAR — The High Court has directed Union of India to consider request of a Border Security Forces personnel to transfer him to Kashmir so that he could attend his ailing sons.    

Reyaz Hussain Shah had moved High court against order dated 4th of November 2018, passed by the Commandant 38 BN BSF, whereby, his request for choice posting, has been turned down. 

He submitted that he is presently posted in 38 BN BSF, Samba and had made a request to the concerned for his posting in 49th BN Kashmir, in view of ailing condition of his sons but his request has been turned down by the competent authority. 

His counsel submitted that he would feel satisfied if the authorities are directed by the Court to reconsider his request, keeping in view his family circumstances. 

“Keeping in view the statement made by the counsel for the petitioner (Shah) and the nature of relief sought for, this petition is disposed of by providing that the petitioner shall make a fresh representation to the respondents in view of his family circumstances to justify his request for his transfer to 49th BN or some other batallion in Kashmir,” a bench of Justice Sanjeev Kumar said. 

“Needless to say, if such a representation is made, the respondents shall give it a fresh look and take appropriate decision by taking into consideration the family circumstances of the petitioner including the ailing health condition of his sons,” the court added.





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