Allahabad High Court
Tribhuwan Ram vs State Of U.P. And 4 Ors on 23 September, 2014
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 59
Case :- WRIT - A No. - 51501 of 2014
Petitioner :- Tribhuwan Ram
Respondent :- State Of U.P. And 4 Ors
Counsel for Petitioner :- Kailash Prakash Pathak
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
Heard counsel for the parties. With their consent, this writ petition is being disposed of finally without inviting counter affidavit.
The petitioner has filed the present writ petition aggrieved by order of transfer dated 28.7.2014, whereby, he has been transferred from Azamgarh to Gorakhpur. The transfer order has been challenged on the following grounds:-
(a) The petitioner was promoted from the post of Senior Assistant to Head Assistant by order dated 26.6.2014, while the impugned transfer order has been passed treating him to be Senior Assistant.
(b) Wife of the petitioner is a handicapped person and, therefore, according to Government Order, the petitioner should not be subjected to routine transfer.
Learned counsel for the petitioner submits that the petitioner has already made a representation in this regard dated 15.9.2014, which has been forwarded by Chief Medical Superintendent, Zila Chikitsalay, Azamgarh to respondent no.3 with favourable recommendations. It is submitted that the concerned respondent may be directed to decide the said representation within a fixed time frame.
Learned standing counsel very fairly submitted that in case representation of the petitioner is pending, the same shall be decided within such time as may be directed by this Court.
I have considered the submissions made by learned counsel for the parties and I am of the opinion that in view of peculiar facts and circumstances of the instant case, interest of justice would be served in disposing of the writ petition with the following directions:-
(a) It shall be open to the petitioner to pursue his representation, which is stated to be pending before respondent no.3.
(b) In the event, a certified copy of this order along with photostat copy of the said representation is filed before respondent no.3 within 10 days, the same shall be decided by the said respondent within next three weeks and for a period of five weeks, the impugned transfer order, as against the petitioner, shall remain in abeyance and will abide by the decision, which would be taken by respondent no.3 on the representation of the petitioner.
(c) If the petitioner fails to comply with the aforesaid directions, it shall be open to the respondents to implement the transfer order forthwith. The benefit of this order shall be available only if the petitioner has not already been relieved.
Subject to observations/directions, the writ petition stands disposed of.
Order Date :- 23.9.2014
SKS
