Court No. - 36
Case :- WRIT - A No. - 9953 of 2021 Petitioner :- Avinash Chandra Gupta And 3 Others Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Shivendu Ojha,Sr. Advocate Sri Radha Kant Ojha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Sri Radha Kant Ojha, learned Senior Advocate assisted by Shri Shivendu Ojha, learned counsel for the petitioners in support of his submission has placed reliance to the order dated 5.8.2021 passed in Service Single No. 16727 of 2021 (Mohammad Shahran Ali Vs. State of U.P. thru Addl. Chief Secy. Medical & Health & others) and order dated 3.8.2021 passed in Service Single No. 16604 of 2021 (Sameer Siddiqui Vs. State of U.P. Thru. Upper Mukhya Sachiv, Medical and others).
Although the writ petition assails an order of transfer, learned counsel for the petitioners contends that ends of justice would met if the petitioners being accorded an opportunity to represent their case before the competent authority pointing out the personal difficulties that are likely to be faced by the petitioners.
The challenge to the order of transfer based on the provisions made in the transfer policy framed by the State Government is noticed only to be rejected bearing in mind the law as laid down in Mrs. Shilpi Bose And Others Vs. State of Bihar And Others; AIR 1991 SC 532.
Learned Standing Counsel representing the respondents states that subject to the petitioners joining the place of posting and continuing to work there, in case any representation is submitted before the competent authority within two weeks from today along with a duly authenticated copy of this order highlighting the personal difficulties that are likely to be faced by them, the same shall be examined and a final decision in respect thereof communicated with expedition and preferably within a period of two months therefrom.
Accordingly, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 12.8.2021 Jaswant