Court No. - 6
Case :- WRIT - A No. - 10215 of 2021 Petitioner :- Akhilesh Kumar Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Archana Singh,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
The present writ petition has been filed challenging the transfer order dated 15.7.2021, passed by Director (Administration), Medical health, U.P., Lucknow (respondent no. 2) whereby the petitioner was transferred from Additional Director Medical Health & Family Welfare, Meerut Region, Meerut to the office of Chief Medical Officer, Sambhal.
The contention of counsel for the petitioner is that the mother of the petitioner is suffering from 90% disability and she is totally dependent upon the petitioner and the case of the petitioner should be considered in the light of Clause 11(x) of the Transfer Policy dated 29.3.2018.
It is argued that earlier also the petitioner was transferred, and on the same ground of disability of the mother of the petitioner, the transfer order was recalled in the year 2015 (Annexure-11 to the writ petition). He further argues that even in the present transfer the case of the petitioner has been recommended on the same reasons that the mother of the petitioner is 90% disability and is solely dependent upon the petitioner which fact has not been considered till date.
Considering the fact that the case of the petitioner has already been recommended, the writ petition is disposed off with liberty to the petitioner to file fresh representation before the respondent no. 2 within ten days from today along with requisite documents and a copy of this order. If such representation is filed the same shall be considered and decided in terms of the Transfer Policy dated 29.3.2018 within two weeks of filing of the said representation. Till the decision on the representation, the transfer shall not be given effect to unless the petitioner has already been relieved, it is provided that in the event the petitioner does not file representation within ten days this order shall automatically come to an end.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 19.8.2021 Puspendra