Heard Sri Prashant Singh Atal, learned counsel for the Petitioner.
This Writ Petition has been filed challenging the transfer order dated 15.07.2021 passed by the Secretary, Health and Family Welfare Services, Respondent No. 2 herein, in so far as it relates to the Petitioner. By the said order five persons, including the Petitioner, have been transferred from their present place of posting to the places mentioned against their names. The Petitioner is at serial no.1 in the said order.
The Petitioner is a Group A employee and is at present working as the Senior Consultant, District Hospital, Bareilly. He has been transferred from Bareilly to Lakhimpur Kheri. The Petitioner is due to superannuate on 31.3.2023 and his wife Dr. Sudesh Kumari, is also a Government Employee working as District Leprosy Officer L-4 at Bareilly.
The learned counsel for the Petitioner has submitted that as per the transfer policy, Group A employees who are supposed to superannuate within two years are to be posted at the place of their choice and that where both husband and wife are Government Servants, they should be posted in the same district. The counsel submits that the transfer order of the Petitioner has been passed in gross violation of the transfer policy and is liable to be set aside. Learned counsel submits that in this regard, the Petitioner has already made a representation on 26.07.2021, a copy of which is annexed as Annexure No.6 to this Writ Petition, which is still pending.
After arguing at some length, the counsel for the Petitioner has prayed for a direction to the concerned authority to consider and dispose off the representation of the Petitioner.
Shri Vinod Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents has no objection to the prayer made by the counsel for the Petitioner.
Looking into the facts and circumstances of the case, and without entering into the merits of the matter, the Petitioner is granted liberty to serve a copy of the representation dated 26.07.2021 mentioned hereinabove along with a certified copy of this order, upon the Respondent No. 2 within a period of one week from today.
In case such a representation is made, the Respondent No. 2 shall consider and decide the same, by a reasoned and speaking order, strictly in accordance with law within a maximum period of two weeks from the date of receipt of the representation.
Till the disposal of the representation, no coercive action shall be taken against the Petitioner in pursuance of the order impugned in the present Writ Petition.
The benefit of this order shall not be available to the Petitioner in case he fails to make a representation within the time granted to him for the purpose.
With the aforesaid observation the Writ Petition stands disposed off.
Order Date :- 12.8.2021 P.s.