WPSB/250/2021
2021 Latest Caselaw 2531 UK

          IN THE HIGH COURT OF UTTARAKHAND
                               AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE Mr. RAGHVENDRA SINGH CHAUHAN

                                        AND

                THE HON'BLE JUSTICE Mr. ALOK KUMAR VERMA

         WRIT PETITION (S/B) NO. 250 OF 2021

                            22ND JULY, 2021

BETWEEN:

Ravindra Kumar                                                  .....Petitioner.
and

State of Uttarakhand and others.                             ....Respondents

Counsel for the petitioner: Ms. Prabha Naithani, Advocate.

Counsel for the respondents: Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand.

The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

With the consent of the learned counsel for both

the parties, this case is being decided at this stage itself.

2. The petitioner has challenged the legality of the

transfer order dated 24.06.2021, passed by respondent No.

2, whereby the petitioner has been transferred from District-

Dehradun to District-Bageshwar on a promotional post.

3. Ms. Prabha Naithani, the learned counsel for the

petitioner, submits that the petitioner is suffering from

backache problems. This is abundantly clear from the report

of the Kailash Hospital, which clearly indicates that the

petitioner has mild straightening of lumbar spine. There are

degenerative changes in the form of marginal osteophytes,

disc desiccation and modic type II endplate changes at

multiple levels of lumbar spine. There is also diffuse disc

bulge seen at L4-L5 causing mild narrowing of thecal sac (AP

canal diameter-12.0 mm) and significant narrowing of

bilateral neural foraminas. Due to these medical difficulties

being suffered by the petitioner, the petitioner continues to

suffer both pain and inability to walk in a normal proper gait.

Moreover, according to the medical certificate issued by the

Government Doon Medical College Hospital, Dehradun, dated

13.07.2021, presently the petitioner is suffering from

"Bronchial Asthama". Therefore, he has been advised for bed

rest till 25th July, 2021. The learned counsel further submits

that in order to highlight the medical difficulties being faced

and in order to highlight that he has already completed 58

years, and that he will have difficulty in discharging his duties

at Bageshwar, the petitioner has submitted a representation

dated 01.07.2021. However, despite the lapse of almost

twenty days, the said representation has not been

considered. Therefore, she prays that the respondents be

directed to consider the petitioner's representation

sympathetically and to ensure that he is posted at a place,

where it will be easy for him to seek the medical facilities for

his spinal problem.

4. On the other hand, Mr. Vikas Pandey, the learned

Standing Counsel for the State of Uttarakhand, informs this

Court that the respondents will consider the petitioner's

representation within a period of one week.

5. Therefore, this Court directs respondent No. 3 to

consider the petitioner's representation, dated 01.07.2021, in

a sympathetic manner considering the spinal problems being

suffered by the petitioner. Till the representation of the

petitioner is decided, the petitioner shall not be transferred to

District-Bageshwar.

6. With these directions, the petition stands disposed-

of.

7. In sequel thereto, pending application, if any, also

stands disposed-of.

8. No order as to costs.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 22nd July, 2021 Rathour