I was posted in CRPF office at Kolkata along with my wife serving in same Dept. Then I was alloted under IGP Chattisgarh for further transfer under his Office. But by mistake IGP M.P. issued my transfer order to Raipur. My Kolkata office relived me from their office pursuant to cited unauthorized order. I have not joined at Raipur and filed a Writ Petition at C. H. citing unauthorized transfer order , violation of couple posting in same place etc. and prayed for cancellations of transfer order, relief order, etc. I Now received an letter of our higher authy directing the IGP M P to cancel the transfer order being inappropriate. Now, the Raipur office had issued my compulsory retirement order from service unauthorizedly. Kly advice me whether now filing a fresh WP is mandatory for me due to unauthorized retirement orderd issued by Raipur Office?
Yes, since in the present writ petition you have merely challenged the transfer order ,the subsequent action of forceful retirement can not be challenged in the same writ petition.
You have to file fresh a writ petition challenging the compulsory retirement order.
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Dear Concerned
There is no need to file a fresh writ, file an urgent application in the ongoing writ along with a stay application on the unauthorized compulsory retirement order only if the Raipur office is also a party to the first WP. Else you may choose to file a fresh WP.
You have been ordered to compulsorily retire, so this can be challenged only through a separate writ petition.
If me have to be submitted a fresh WP then what would be the status of 1st WP ? Should it would be withdrawn ? In ' Affidavit-In-Reply' I have already annexed the unauthorized retirement order to Hon'ble Court.
You have to challenge the compulsory retirement t order
2) mention that you had filed writ challenging the unauthorised transfer order and that higher authority had directed IGP to cancel the unauthorised transfer
You have to withdraw existing writ petition
2) in the alternative amend the existing petition and challenge retirement order
The first WP can also be continued depending on the actual prayer therein.
The compulsory retirement to you without any base or as a result of an inquiry is unreasonable and invalid in the eyes of law.
You may have to aproach high court with the proposed writ petition for seeking cancellation of this illegal order purportedly issued to wreak vengeance on you.
If me have to be submitted a fresh WP then what would be the status of 1st WP ? Should it would be withdrawn ? In ' Affidavit-In-Reply' I have already annexed the unauthorized retirement order to Hon'ble Court.
The previous WP was for some other relief and the present one for a different relief, hence you may not withdraw the previous one to file the fresh one.