Ajay Kumar vs State Of U.P. Thru. Prin. Secy. , ...
2023 Latest Caselaw 22367 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54710
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6075 of 2023
 

 
Petitioner :- Ajay Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. , Prison Administration And Reform Services Lko. And 3 Others
 
Counsel for Petitioner :- Sridhar Awasthi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard Mr. Sudeep Seth, Senior Advocate assisted by Mr. Sridhar Awasthi, learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed challenging order dated 29.06.2023 whereby petitioner working on post of Jailer has been transferred from District Jail Lucknow to District Jail, Jaunpur on account of fact that he has completed his tenure posting at Lucknow.

3. It has been submitted that paragraph 5(v) of Government Order dated 07.06.2023 specifically prescribes exemption from transfer to such Government employees whose children are handicapped beyond 40%. Learned counsel has drawn attention to medical certificate dated 26.02.2014 issued by Chief Medical Officer, Varanasi indicating petitioner's son being disabled to an extent of 85% due to multi-system disability.

4. It has been submitted that even prior to passing of impugned order, petitioner had given a representation dated 27.06.2023 indicating aforesaid fact and requesting exemption from transfer but the said representation has not yet been decided.

5. It has been further submitted that in terms of paragraph 5(iii) of aforesaid Government Order dated 07.06.2023, petitioner's younger son having been enrolled in Class X of City Montessori School, Lucknow, is also required to be exempted from transfer. He has placed reliance on judgment rendered by Hon'ble Supreme Court in Director of School Education, Madras and others v. O Karuppa Thevan and another reported in 1994 Supp (2) SCC 666.

6. At present, learned counsel for petitioner restricts his prayer for a decision regarding his representation in view of aforesaid facts.

7. Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no.2 i.e. Director General of Police/Inspector General, Prison Administration & Reform Services, U.P., Lucknow within a period of three days from today. In case any such representation is submitted, the same shall be decided by opposite party no.2 i.e. Director General of Police/Inspector General, Prison Administration & Reform Services, U.P., Lucknow within a period of one week thereafter.

8. Till expiry of aforesaid time period, petitioner shall not be compelled to join at the place of his posting.

9. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 18.8.2023

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