Court No. - 50
Case :- WRIT - A No. - 15164 of 2019 Petitioner :- Amit Kasana Respondent :- State Of U.P And 3 Others. Counsel for Petitioner :- Ashwaini Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Additional C.S.C., Sri P.K. Giri appeared on behalf of all the respondents.
With the consent of the counsel for the parties, the writ petition is disposed of at the admission stage without calling for the counter affidavit as no fruitful purpose will be served to call the counter affidavit.
The petitioner is serving as constable and lastly was posted at Noida in the year 2015 and was serving as constable at Police Station Phase - III, Noida, District Gautam Budha Nagar.
The submission of the counsel for the petitioner is that the wife of the petitioner is also posted as constable at Police Station Phase - III, Noida, District Gautam Budha Nagar.
By the impugned order dated 12.07.2019, the petitioner has been transferred from District Gautam Budha Nagar to GRP, Lucknow on the post of constable.
The claim of the petitioner is that since his wife is serving as the constable, hence in view of the G.O. dated 29.03.2018, issued by the Chief Secretary Government of U.P. addressed to all Additional Chief Secretaries / Principal Secretaries / Secretaries, Government of U.P., the petitioner is entitled to be posted where the wife of the petitioner is posted.
In this regard the petitioner has already made a representation dated 14.08.2019 which according to the petitioner is pending for decision before the respondent no. 3.
Having heard the counsel for the parties, the writ petition is disposed of by directing the respondent no. 3 to pass an appropriate reasoned order, strictly in accordance with law preferably within a period of two months from the date of production of certified copy of this order.
The petitioner will join at the place of his transfer within a week.
Order Date :- 30.9.2019 SK Srivastava