Court No. - 39
Case :- WRIT - A No. - 15760 of 2018 Petitioner :- Dr. Kedar Nath Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
An affidavit dated 25.07.2018 filed today in the Court by Shri J.P. Singh, learned counsel for the petitioner. The same is taken on record.
Heard Sri J.P. Singh, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 31.5.2018 whereby he has been promoted as District Homoeopathic Medical Officer from the post of Senior Homoeopathic Medical Officer and transferred from Azamgarh to Bhadohi.
According to the petitioner his wife is suffering from shortening of lower limb and stiffing of hip and lower joint and his daughter is suffering from Cerebral Palsy and therefore, he is unable to join his transfer.
In his affidavit it is stated by the petitioner that he has already approached the State Government with the request that he may be transferred to some other districts like Ambedkar Nagar, Jaunpur and Ghazipur and if it is not possible then he is willing to forgo his promotion as District Homoeopathic Medical Officer, Bhadohi.
In our opinion, this matter needs to be examined by the Special Secretary, Ayush, U.P. Lucknow, respondent no.1.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with the direction that if the petitioner prefers a representation before the respondent no.1, Special Secretary, Ayush, U.P. Lucknow, raising all his grievances as raised in the present writ petition within a period of one week from today alongwith the copy of the affidavit dated 25.07.2018 as well alongwith the certified copy of this order, the respondent no.1 shall consider the claim of the petitioner in accordance with law within a further period of two weeks.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 26.7.2018 N Tiwari