Heard Sri O.P. Tiwari, learned counsel for the petitioner and Dr. Udaiveer Singh, learned Additional Chief Standing Counsel for the State-respondents.
Sri O.P. Tiwari has filed the supplementary affidavit, the same is taken on record.
By means of this petition the petitioner has assailed the order dated 25.7.2019 passed by opposite party no. 2 by which the claim of the petitioner for transfer as per transfer policy / Government Order for the posting of husband and wife at the same place has been rejected. The Submission of learned counsel for the petitioner is that the State Government has issued a Government Order dated 16.8.2019 which is contained as Annexure no. S.A.-1 to the supplementary affidavit dated 22.8.2019 and the grievance of the petitioner is squarely covered with para 4 and 5 (Kha) and 5 (Gha) inasmuch as the wife of the petitioner is posted at Lucknow and the daughter of the petitioner is suffering from heart ailment, therefore, the case of the petitioner may be considered sympathetically in the light of the Government Order dated 16.8.2019. However, Dr. Udaiveer Singh, learned Additional Chief Standing Counsel submitted that when the office memo dated 25.7.2019 was passed, the Government Order dated 16.8.2019 was not in existence but it appears that the case of the present petitioner may be considered in the light of the Government Order dated 16.8.2019. Dr. Udaiveer Singh further submitted that since there is provision of online application for raising the grievance, therefore, petitioner should raise his grievance through online before the competent authority and this Hon'ble Court may direct for passing appropriate orders.
Considering the rival submissions of learned counsel for the parties and perusing the relevant material available on record, I am of the considered view that since the case of the petitioner is covered under Government Order dated 16.8.2019, therefore, he may put his grievance before the competent authority through online within three days from today and the opposite party no. 2 i.e. Director General, Family Welfare, U.P., Lucknow shall consider the grievance of the petitioner sympathetically strictly in terms of Government Order dated 16.8.2019 and shall pass appropriate orders strictly in accordance with law by speaking and reasoned order within the period of 15 days thereafter and the decision thereon shall be intimated to the petitioner forthwith.
In view of above terms, writ petition is disposed of.
Order Date :- 27.8.2019 Om [Rajesh Singh Chauhan, J.]