Citation : 2024 Latest Caselaw 36474 ALL
Judgement Date : 6 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:73294 Court No. - 6 Case :- WRIT - A No. - 9284 of 2024 Petitioner :- Amit Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Shasan Lko. And 3 Others Counsel for Petitioner :- Dr. Pooja Singh,Anshuman Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Dr. Pooja Singh, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.
2. As per previous direction of this Court dated 16.10.2024 Lieutenant Colonel Shri Ashish Srivastava has appear before this Court.
3. The grievance raised by the petitioner in the present writ petition was with regard to the compliance of direction issued by writ Court in its order dated 13.08.2024 in Writ-A No. 6439 of 2024 where representation of the petitioner was directed to be decided within three weeks from production of certified copy of this order and the respondents should take into consideration the judgment of Supreme Court in the case of S.C. Saxena Vs. Union of India and others reported in 2006 9 SCC 583.
4. This Court while examining the present case was of the view that the respondents had not complied with the direction of the writ Court and in-fact had declined to consider the representation of the petitioner solely on the ground that the transfer sessions had expired.
5. It is in the aforesaid circumstances, this Court by means of order dated 16.10.2024 was of the view that the respondents had clearly violated the previous order of this Court dated 13.08.2024 and also directed the concerned officer who had appeared and explained as to why the order of writ Court has not been complied with.
6. Today this Court has been informed that a fresh order dated 30.10.2024 has been passed where there is a detail consideration of the application of the petitioner and in paragraph no. 3 of the said order various options have been provided after observing that there is no vacancy any of the choice station given by the petitioner. It has further been provided in case the petitioner gives in writing any one of the option where he/she wishes to be posted then he/she can be attached at that station subject to conditions stated in the said order.
7. A copy of the said order has been provided to the learned counsel for the petitioner.
8. At this stage, learned counsel for petitioner submits that the grievance of the petitioner would be redressed in case she is attached as per the order dated 30.10.2024 and he/she would be providing her option within next one week. Accordingly it is provided that in case the option is provided by the petitioner within next one week, the competent authority shall pass appropriate orders in terms of order dated 30.10.2024 expeditiously say within a period of one week thereafter.
9. With the aforesaid observations/directions, this petition is disposed of.
.
(Alok Mathur, J.)
Order Date :- 6.11.2024
Virendra
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