Court No. - 5
Case :- WRIT - A No. - 14880 of 2021 Petitioner :- Dhirendra Kumar Singh Respondent :- State Of U.P Through Its Principal Secretary And 4 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is Lekhpal and posted at Tehsil Saidpur, District Ghazipur. He has been transferred by order dated 11.10.2021 which is impugned in the present writ petition.
Learned counsel for the petitioner has contended that petitioner has been elected President of the branch Saidpur, of U.P. Lekhpal Association, copy of certificate dated 12.02.2021 is appended to the writ petition as annexure 3. He contends that under the Government Policy, if an employee is elected as office bearer of an association, he/she shall not be transferred for a period of two years from the date of election. Accordingly, he submits that transfer order is against the transfer policy and as such is not sustainable.
Learned Standing Counsel contends that grievance of the petitioner can be looked into by the competent authority i.e. respondent no.2-District Magistrate, Ghazipur.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the respondent no.2-District Magistrate, Ghazipur along with a copy of this order downloaded from the official website of High Court, Allahabad, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same strictly in accordance with law by a reasoned and speaking order, preferably within a period of two months thereafter.
For a period of three months or till the disposal of representation of petitioner by respondent no.2, whichever is earlier, the transfer order dated 11.10.2021 shall remain stayed.
Order Date :- 25.10.2021 Sattyarth
Digitally signed by SARAL SRIVASTAVA Date: 2021.10.25 17:40:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad