S.A.DHARMADHIKARI,J. - (1.)In this petition under Article 226 of the Constitution of India, the petitioner has challenged the communication/order dated 15/11/2019 (Annexure P/1), whereby representation submitted by the petitioner with regard to posting him in any establishment in New Delhi has been rejected.
(2.)The brief facts leading to filing of this case are that the petitioner was working as Constable (Personnel No.971295364) at BSF, Tekanpur. The petitioner was transferred to 195 BSF Battalion Laxmipur Gorapur (Orissa) with head quarters at Kittipalayam, Tahsil Korma Teemam Patti District- Koimbatore Tamilnadu and he joined the duty as per transfer order and he is on duty since 03/07/2019. Earlier the petitioner was working at BSF Tekanpur and he was advised by BSF Hospital, Tekanpur for treatment and further evaluation and management at AIIMS New Delhi. Due to transfer, the petitioner started taking treatment at BSF, Hospital 195 Battalion BSF. Thereafter the petitioner was advised to take treatment from AIIMS Bhuvnaeshwar and he took treatment at AIIMS Bhuvneshwar. The hospital at AIIMS Bhuvneshwar referred the matter to AIIMS New Delhi with a note on the prescription memo as "Patient referred to AIIMS Delhi for further management." Since the petitioner was not able to come on each date from Laxmipur to AIIMS New Delhi as it is too far, the petitioner submitted an application to the respondent No.2 for consideration of his transfer from 195 Battalion to New Delhi or any place nearby Delhi so that he would be in a position to avail the treatment but respondent No.3 informed him vide letter dated 15/11/2019 that prayer has been rejected. Being aggrieved, the petitioner has filed the present writ petition before this Court.
(3.)A preliminary objection has been raised by the respondents with regard to the territorial jurisdiction of this Court on the ground that the petitioner who is working as Constable GD (Personnal No.971295364) at BSF, Tekanpur was transferred to 195 BSF Bn. Laxmipur Gorapur (Orissa) with head quarters at Kittipalayam Tahsil- Korma Teemam Patti, District- Koimbatore Tamilnadu. The petitioner joined the duty on 03/07/2019, therefore, he has to challenge the same before the High Court within whose territorial jurisdiction the cause of action has arisen.