Ajay Kumar Gupta vs State Of U.P. Thru Prin.Secy. Home ...
2019 Latest Caselaw 5543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 18520 of 2019
 
Petitioner :- Ajay Kumar Gupta
 
Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors.
 
Counsel for Petitioner :- Pawan Kumar Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.

The petitioner being aggrieved with the transfer order dated 29.05.2019, a copy of which is annexure 1 to the petition is before this Court. By the said order, the petitioner has been transferred from Maharajganj to Aligarh.

The main ground set forth by the petitioner to challenge the impugned order of transfer is that in terms of Para 1 (d) of the transfer policy dated 29.03.2018, a copy of which is annexure 3 to the petition as the petitioner's wife is an Assistant Teacher in Basic Education working at Siddharth Nagar, consequently the petitioner could not be transferred at Aligarh rather efforts should have been made to post him at Siddharth Nagar itself but considering the fact that the home district of the petitioner is at Siddharth Nagar, as such, an endevour should have been made by respondents for posting him to a district adjacent to Siddharth Nagar. It is also contended that though the small children of the petitioner are residing with his wife at Siddharth Nagar and as the petitioner was posted at Maharajganj, consequently he was able to look after the welfare of his family as well as his old and ailing parents but on account of his transfer to Aligarh, he would be unable to do both the things.

Learned counsel for the petitioner submits that in this regard the petitioner has already raised his grievance by means of a representation dated 20.06.2019, a copy of which is annexure-6 to the writ petition to the respondent no. 1, i.e Principal Secretary (Home), Lucknow and it is prayed that the respondent no. 1 be directed to decide the said representation so preferred by the petitioner within the specified time.To the said prayer, the learned Standing counsel has no objection.

Consequently, without entering into the merits of the case, the present writ petition is disposed of with the direction to the competent authority i.e respondent no. 1 to decide the pending representation of the petitioner dated 20.06.2019, a copy of which is annexure-6 within a period of six weeks from the date of receipt of a certified copy of this order.

Till then, no coercive steps shall be taken against the petitioner.

Order Date :- 8.7.2019

Pachhere/-