Court No. - 36
Case :- WRIT - A No. - 12248 of 2021 Petitioner :- Dr. Ashok Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Santosh Kumar Pandey,Rajendra Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner submitted that petitioner is government employee and his transfer is governed by annual transfer policy dated 29.3.2018. He next submitted that petitioner is 85% physically disabled and presently working as Radiologist posted at District Ghaziabad since 2007. In light of Government Order dated 29.3.2018, he has given his choice for posting at three places, i.e. Hapur, Meerut and Bulandshahr. He further submitted that ignoring his first choice, he has been transfered to District Bulandshahar whereas post of Radiologist is vacant at District Hapur, which is in gross violation of Government Order dated 29.3.2018.
Learned Standing Counsel submitted that petitioner himself has given his choice for posting at three places i.e. Hapur, Meerut and Bulandshahar. Accordingly, he has been transferred at District Bulandshahar at one of the place of his choice, therefore, there is no violation of Government Order dated 29.3.2018 and petition is liable to be dismissed.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the Government Order dated 29.3.2018. The para 11 of the said Government order provides that physical handicapped person shall be exempted from the general transfer except in case of serious complaint or unavoidable circumstances and he shall be considered to Home District, if post is vacant.
Learned counsel for the petitioner specifically stated that post of radiologist is vacant at New District Joint Hospital, Hapur, therefore, direction may be issued to respondent no.3 to transfer him at District Hapur.
Considering the facts and circumstances of the case, physical disability of 85% of petitioner, vacancy of post and provisions of transfer policy dated 29.3.2018, writ petition is disposed of with liberty to petitioner to move representation before the respondent no. 3 within one week from today. In case any such representation is filed, respondent no.3 is directed to consider and decide the same strictly in accordance with Government Order dated 29.3.2018 or any other law occupying the field within a period of four weeks from the date of production of computer generated copy of this order after verifying the same from official website of Allahabad High Court.
For a period of six weeks from today or till decision on representation, whichever is earlier, impugned order dated 15.7.2021 passed by the respondent no.3 shall remain stayed.
Order Date :- 24.9.2021 Junaid