Court No. - 6
Case :- WRIT - A No. - 10197 of 2021 Petitioner :- Dinesh Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Meena Mishra,Vinit Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
The present petition has been filed challenging the transfer order dated 15.7.2021, passed by the Additional Chief Secretary, Medical, Health and Family Welfare, Chikitsa Anubhag-2, Government of U.P., Lucknow (respondent no. 2) whereby the petitioner has been transferred from District Chandauli to District Amroha.
The contention of counsel for the petitioner is that in terms of Clause 11(x) of the Transfer Policy dated 29.3.2018, the request of the petitioner for placing him at the district of choice, when two years are left for retirement, should be considered. He argues that no choice was taken from the petitioner and the transfer is being affected, along with mass transfer as is clear from the order dated 15.7.2021. He places reliance upon the order of this Court passed in Writ-A No. 10024 of 2021 (Radheshyam vs. State of U.P. and 4 others), decided on 12.8.2021.
Considering the fact that the petitioner was not called upon to give the choice of district in terms of Clause 11(x) of the Transfer Policy dated 29.3.2018 and that the petitioner is due to retire on March 2023, the writ petition is disposed off with liberty to the petitioner to file an application giving the choice of the district for transfer till the date of retirement in terms of Clause 11(x) of the Transfer Policy before the respondent no. 2 within ten days from today. In case such an application is filed the same shall be decided in terms of the Transfer Policy dated 29.3.2018 within two weeks of filing of the said representation. Till the decision on representation the transfer shall not be given effect to unless the petitioner has already been relieved, it is provided that in the event the petitioner does not file an application within ten days this order shall automatically come to an end.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 19.8.2021 Puspendra