Allahabad High Court
Vishal Srivastava vs State Of U.P. Thru. Addl. Chief ... on 13 December, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - A No. - 7885 of 2022
Petitioner :- Vishal Srivastava
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Child Development Services And Nutrition Deptt. And 2 Others
Counsel for Petitioner :- Amrendra Nath Tripathi,Shweta Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.
2. It is submitted by learned counsel for the petitioner that petitioner had assailed the order dated 09.03.2022, transferring the petitioner from Sitapur to Bulandshahar and this Court by means of order dated 14.09.2022, passed in Writ-A No. 5955 of 2022 - Vishal Srivastava Vs. State of U.P. and Others. This Court entertained the said writ petition taking into consideration the fact that children of the petitioner are appearing in the Board Examination and also considering the judgment of Hon'ble Supreme Court rendered in the case of Director of School Education, Madras and Others Vs. O. Karuppa Thevan and Another, 1994 Supp (2) SCC 666, the Court provided as under :-
"5. Accordingly, with the consent of the parties the petition is disposed of permitting the petitioner to join at Bulandshahar within next one week. In case he joins at Bulandshahar he will be at liberty to move appropriate representation to respondent No.2- Director, Child Development Services and Nutrition Department, U.P., Lucknow raising his grievances with regard to the Board Examinations and other grievance which he may raise assailing the order of transfer to Bulandshahar. On receipt of the representation opposite party No.2 shall proceed to consider and decide the same and pass necessary order for posting/adjustment the petitioner at Lucknow till conclusion of the Board Examinations. The petitioner shall give undertaking before the authority concerned that immediately on conclusion of the Board Examinations he shall proceed to join at the transferred place. The said undertaking shall accompany the said representation. The decision shall be taken within two weeks from the date of receipt of a certified copy of this Court after joining at Bulandshahar."
3. The respondents by means of impugned order dated 14.11.2022 have rejected the representation of the petitioner only on account of the fact that the application of the petitioner was not accompanied with the undertaking as directed by this Court by means of order dated 14.09.2022.
4. Learned counsel for petitioner submits that petitioner had duly submitted undertaking which is denied by the respondents.
5. In any view of the matter, without entering into this controversy, the petitioner has filed a fresh undertaking before this court along with the copy to the learned Standing Counsel.
6. In light of the undertaking, the writ petition is disposed of and the matter is remitted back to respondent No. 2 to pass a fresh order within one week from today taking into account the undertaking filed before this Court being relevant undertaking as directed by this Court in its previous order and while passing the fresh order respondent No. 2 shall not constrained by its previous order dated 14.11.2022.
7. Let this order be communicated to respondent No. 2 by learned Standing counsel.
8. It shall be open for the petitioner to move a fresh representation to respondent No. 2 with regard to his arrears of salary and in case such a representation is moved, it shall be decided expeditiously.
(Alok Mathur, J.)
Order Date :- 13.12.2022
Ravi/
