Heard Shri Vaibhav Gupta, learned counsel for the Petitioner.
This Writ Petition has been filed challenging the order dated 15.07.2021, passed by the Director (Administration), Medical and Health Services, Lucknow, respondent no.3 herein, in so far as it relates to the Petitioner.
By the said order large number of persons including the Petitioner have been transferred from their present place of posting to the places mentioned against their names. The Petitioner is at serial no.9 in the said order.
The Petitioner is a Group C employee and is at present working as Senior Assistant in the office of District Hospital, Sitapur. He has been transferred from Sitapur to the office of District Male Hospital, Muzaffarnagar.
The learned counsel for the Petitioner has submitted that Shri Ambika Prasad Tiwari, the father of the Petitioner is paralyzed and is completely dependant upon the Petitioner. As per the handicapped certificate issued by the Chief Medical Officer, Sitapur, Shri Ambika Prasad Tiwari is a permanent physically handicapped person. The percentage of disability is 60%. A copy of the handicapped certificate has been brought on record as Annexure No.4 to the Writ Petition. It has also been stated that because of the condition of his father, in the year 2019 the Petitioner had foregone his promotion on the next higher post of Administrative Officer. Learned counsel for the Petitioner has further submitted that as per Clause 11(v) of the transfer policy circulated by the State Government, employees who are handicapped or have dependents who are handicapped are exempted from transfer except where there are serious complaints against them or under exceptional circumstances. It is submitted that on the request of the employees covered under Clause 11(v) of the policy, their cases for transfer even to their home district are to be considered subject to availability of post. The transfer of the petitioner is in violation of the transfer policy and is liable to be set aside.
Shri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents, on the basis of instructions, has stated that the petitioner has completed 33 years of his service in District Sitapur. However, he has no objection to the prayer made by the Petitioner.
Looking into the facts and circumstances of the case, and without entering into the merits of the matter, the Petitioner is granted liberty to serve a copy of the representation dated 3.8.2021 mentioned hereinabove along with a certified copy of this order, upon the Respondent No. 3 within a period of one week from today.
In case such a representation is made, the Respondent No. 3 shall consider and decide the same, by a reasoned and speaking order, strictly in accordance with law within a maximum period of two weeks from the date of receipt of the representation.
Till the disposal of the representation, no coercive action shall be taken against the Petitioner in pursuance of the impugned order in the present Writ Petition.
The benefit of this order shall not be available to the Petitioner in case he fails to make a representation within the time granted to him for the purpose.
With the aforesaid observation the Writ Petition stands disposed off.
Order Date :- 17.8.2021 Anupam