Heard Mr. Amitabh Pratap Singh, learned counsel for the petitioner and Ms. Parul Bajpai, learned Standing Counsel for the State respondents.
By means of this petition the petitioner has assailed the transfer order dated 28.6.2021 passed by the opposite party no. 1 whereby some employees have been transferred from one place to another in the State of U.P. The petitioner who is serving on the post of Head Constable has been transferred from Raebareli to Sitapur. Learned counsel for the petitioner has submitted that on account of serious accident in the year 2007 the petitioner has undergone three major neuro surgeries. On account of aforesaid trauma the petitioner has been suffering mental ailment and the treatment of the petitioner is going on at Raebareli, therefore, it would be very difficult for him to proceed for the transferred place i.e. Sitapur. He has further submitted that the petitioner has not been relieved from Raebareli.
Ms. Parul Bajpai has opposed the prayer of the writ petition by submitting that the transfer being an incident of service it should not be interfered unless the transfer order is passed against the statutory rules or with malafide intention and both the grounds are missing in the writ petition. So far as the representation of the wife of the petitioner which is pending consideration before the competent authority is concerned she has submitted that instead of wife of the petitioner the petitioner should prefer a representation to the competent authority and in view of dictum of Hon'ble Apex Court that the employee may prefer his / or representation after submitting his / her joining at the transferred place and the said representation shall be considered by the competent authority strictly in accordance with law.
Without entering into the merits of the issue I hereby dispose of the writ petition at the admission stage permitting the petitioner to prefer a fresh representation to the D.I.G., Lucknow taking all pleas and grounds which are available to him enclosing therewith all relevant documents necessary for disposal of the representation including the medical papers within a period of one week and if such a representation is preferred by the petitioner, the authority competent shall consider and decide the said representation within a period of three weeks strictly in accordance with law and policy with compassion and decision thereof shall be intimated to the petitioner forthwith.
It is made clear that if the petitioner submits his joining at the place of transfer even then his representation shall be considered and decided as per the directions given above and no prejudice shall be caused to the petitioner for the reason the he has assailed the transfer order before this Court.
Order Date :- 26.8.2021/Om