BENGALURU: Coming to the rescue of a sub-inspector of Border Security Force (BSF), whose wife is being treated at Kidwai Memorial Institute of Oncology, Bengaluru, for breast cancer, the high court has quashed an order transferring him to Kashmir.
Justice M Nagaprasanna said the petitioner himself has been subjected to assessment by a medical board on the ground that he was suffering from acute arthritis and had declared that his was a case of ‘obesity’ and downgraded him under medical category.
The judge said the said circumstance also entitles him to protection under rule 11 of Border Security Force (Tenure of Posting and Deputation) Rules, 2000.
“It is always said that once a patient of cancer is always a carcinoma patient and the petitioner himself being downgraded under low medical category is entitled to protection under the rules. Therefore, BSF ought to have deployed a streak of sympathy in the peculiar facts of the case of the petitioner,” the judge noted while directing the authorities to continue his place of posting (Bengaluru) prior to the January 9, 2021 movement order.
The petitioner, who joined BSF in 1986 and served 35 years, had claimed that he had come to Bengaluru on request in November 2018 and was given permanent posting. According to him, though he submitted a representation for his retention on November 12, 2020 contending that he hadn’t completed the minimum tenure in Bengaluru under the rules, it was not considered.
On the other hand, BSF argued that a soldier cannot contend that he should be in a particular place. It was said the petitioner has, on one pretext or the other, been in Bengaluru for a long time and this is his third stint here.
