Court No. - 58
Case :- WRIT - A No. - 15516 of 2018 Petitioner :- Jaiveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 16.4.2018, whereby he has been transfered from Hapur to Lucknow Zone. The order is challenged on the ground that the same has been passed on incorrect factual premise, inasmuch as petitioner has not completed his requisite tenure, whereas the order records that upon completion of requisite period, the petitioner has been transferred. Reliance is placed upon a Division Bench judgment of this Court in Writ Petition No.57716 of 2017 (Tej Bahadur Ram Yadav Vs. State of U.P. and others), decided on 4.12.2017. It is also specifically stated that petitioner has not been relieved so far and he continues to work at Hapur only. It is also stated in paragraph 7 that petitioner's daughter is suffering from lumps in brain, and is undergoing treatment at AIIMS, New Delhi.
Learned Standing Counsel submits that in case petitioner has not been relieved, his representation in that regard can be considered by the authority concerned, at the first instance.
In the facts and circumstances, this writ petition stands disposed of by permitting the petitioner to represent in the matter before respondent no.2, alongwith certified copy of this order, within two weeks from today. In case such a representation is made, the same shall be considered and an appropriate order would be passed, within a further period of six weeks, thereafter. In case the petitioner has not been relieved, he shall not be relieved till his representation is considered. The order of transfer, in so far as it relates to the present petitioner, shall be subject to the further orders to be passed upon his representation.
Order Date :- 26.7.2018 Anil