Heard Sri Onkar Nath Tiwari, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the impugned transfer order dated 16.11.2019 passed by the opposite party No.2 whereby the petitioner has been transferred from Primary Health Centre, Tarun, District-Ayodhya to Primary Health Centre, Shahganj under C.H.C. Haringtonganj, District-Ayodhya.
Assailing the aforesaid transfer order, learned counsel for the petitioner has contended that this is a VIth transfer of the petitioner in two years and all the five transfer orders have been obeyed by the petitioner.
Learned counsel for the petitioner has submitted that this transfer order has been passed on administrative ground but no such administrative ground was at all warranted. Further, the petitioner is disabled person having 45% disability and this is a mid academic session transfer, which is effecting him adversely. In para-15 of the writ petition, the petitioner has categorically indicated that till date no relieving order has been served upon the petitioner and on one has taken charge from the petitioner till date.
Considering the aforesaid submission of learned counsel for the petitioner, I think that for ventilating his grievance the petitioner may very well approach the Competent Authority i.e. the Chief Medical Officer, Ayodhya by preferring a representation taking all pleas and grounds which are available with him annexing therewith the copies of relevant documents in support of his claim including the copy of his Physically Handicapped Certificate and the details of children in respect of their study. Such presentation may be preferred within a period of one week from today and if such representation is preferred by the petitioner to the Chief Medical Officer, Ayodhya, he may pass a fresh order considering the compassion of the petitioner with expedition preferably within a period of one week thereafter and that order shall be communicated to the petitioner forthwith.
Till disposal of the representation of the petitioner, no coercive action shall be taken against the petitioner. However, it is clarified that if the petitioner does not prefer a representation within the aforesaid period, he shall not get any benefit of this order. It is also clarified that this Court has not touched the merits of the issue, therefore, the Competent Authority i.e. the Chief Medical Officer, Ayodhya shall pass independent order without being influenced from any finding given here-in-above.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 26.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]