Court No. - 6
Case :- WRIT - A No. - 27721 of 2018 Petitioner :- Dharam Narayan Duvedi Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Kaushal Kishor Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner contended that the petitioner has challenged the transfer order dated 7.12.2018, mainly on the ground that the petitioner has been transferred five times in the last 3 years and the transfer order impugned in the present writ petition is occasioned because of his filing writ petition No. 57574 of 2017 wherein he had raised a grievance with regard to him, not been promoted. It has been further stated that the son of the petitioner is in class 10th and his Boards Examinations are scheduled in the month of February, March, 2019 and as such he has requested that the transfer order may not be given affect too. In this regard the petitioner has moved a representation dated 12.12.2018 before the respondent No. 4 which has not been decided.
In the light of the fact that the son of the petitioner is in class 10th and his Board Examinations are scheduled in February and March, 2019 which are likely to be adversely affected because of the transfer, the court deems fit and necessary to direct the respondent No. 4 to sympathetically consider the request of the petitioner for not being transferred at least till the conclusion of the Board Examinations of his son. The respondent No. 4 shall pass orders of the said representation within a period of 2 weeks from the date of certified copy of this order is produced before the respondent No. 4.
The writ petition is disposed off, the court has not expressed any view on the merits of the claim of the petitioner.
Mr. Pushpendra Singh, Advocate states that at times the representation filed by the petitioner may not be traced out and thus it is advisable that the petitioner files a fresh representation along with a certified copy of this order to enable the affective disposal in terms of the order passed by this Court.
The suggestion is accepted positively, the petitioner is directed to file a fresh representation along with a certified copy of this order.
Order Date :- 21.12.2018 /C. MANI