Kerala High Court Allows CISF Personnel To Rejoin Duty After Reporting Late Due To Covid-19 Home Quarantine

Justice Raja Vijayaraghavan V observed that the respondents had not applied their minds while rejecting the application of the petitioner and that he was in an unusual situation because of which he could not report for duty.

“However, the fact remains that the petitioner faced an unusual situation wherein his parents had tested positive, and for unusual situations such as in the case of the petitioner, exceptions will have to be made. In that view of the matter, I am of the view that the petitioner has made out a case for interference. Resultantly, this writ petition will stand partly allowed. Exts.P17 and P18 orders by which the petitioner was refused to rejoin the service after withdrawal of the resignation will stand quashed. Respondents are directed to permit the petitioner to rejoin duty if he appears at the ASG Ranchi within a period of ten days.”

The petitioner was enlisted as a CISF Sub Inspector in 2018 after serving in the Indian Air Force for a period of twenty years. As his request for posting in the Home Zone was rejected, he tendered his resignation which he later rescinded. The petitioner, on January 22, 2022, was directed to report for duty as ASG Ranchi on January 29, 2022.

In response to this directive, the petitioner, through a letter, informed the authorities that he was under home quarantine due to his parents testing positive for COVID-19. He provided their lab reports as evidence and expressed his inability to report for duty in Ranchi by the specified date. He requested a temporary posting at ASG Cochin, which was denied. The petitioner made subsequent appeals, but they were also denied.

Aggrieved by this, the petitioner approached the High Court.

The Counsel for the petitioner submitted that the petitioner was on home quarantine and had submitted lab reports of his parents. It was submitted that as per the guidelines issued by the Ministry of Health and Family Welfare, the petitioner had to undergo a 14-day home quarantine after exposure to a confirmed COVID-19 case.

The Counsel for the respondents submitted that the petitioner did not have a case that he was COVID-positive or that he was symptomatic. It was also contended that after resuming his position at ASG Ranchi, the petitioner could have separately submitted a written request to join ASG Cochin.

The Court noted that as per the guidelines issued by the Ministry of Health and Family Welfare on January 5, 2022, a person who was in contact with a COVID-19-positive patient had to undergo 14-day home quarantine.

It perused the lab reports of the parents of the petitioner and noted that they tested positive for COVID-19. The Court noted that the respondents did not consider the fact that the petitioner had to undergo quarantine as per the guidelines issued by the government.

“As his parents had tested positive, the petitioner was bound to undergo quarantine as per the guidelines issued by the Central and State Governments. If violating the guidelines, the petitioner had reached Ranchi and had joined his engagement, the petitioner may have been instrumental in spreading the pandemic. Thus, there is a clear non-application of mind by the respondents while considering the request made by the petitioner.”

The Court found that the contention of the respondents was that as per the guidelines, the petitioner who was in home isolation had to quarantine for 7 days only and not for 14 days. It noted that the 7-day quarantine was only for persons who have tested positive for COVID and not for persons like the petitioner who had come into contact with persons who had tested positive.

The Court noted that the petitioner was in an unusual situation where his parents tested positive for COVID-19 and that exceptions have to be made for him to rejoin duty.

With these observations, the Court partially allowed the writ petition by quashing the orders that denied the petitioner's rejoining after withdrawing his resignation set aside the orders and permitted the petitioner to report for duty at ASG Ranchi within a period of ten days. It also made clear that the petitioner can seek transfer to his home station after joining duty at ASG Ranchi.

Counsel for the Petitioner: Advocate G Suresh Kumar

Counsel for the respondents: Deputy Solicitor General of India Manu S., Advocate N.S. Daya Sindhu Shree Hari

Citation: 2023 LiveLaw (Ker) 595

Case title: Ex-Sub Inspector/Exe. Biju K.A. v Additional Director General CISF

Case number: WP(C) NO. 33583 OF 2022

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