Court No. - 38
Case :- WRIT - A No. - 10997 of 2019 Petitioner :- Jatashankar Yadav And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Sanjay Maurya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The order of transfer is assailed on the ground that wife and daughter of petitioner no.1 are physically disabled, while petitioner no. 2 is himself disabled. It is stated that in terms of transfer policy, they have ought to have been kept out of transfer chain. It is stated that petitioner no.2 is suffering from 60% disability.
Learned Standing Counsel submits that petitioners have been continuing at present place of posting since long.
Considering the fact that petitioner no.2 is 60% disable and, wife and daughter of petitioner no. 1 are also stated to be disabled, it would be appropriate to permit the petitioners to represent against the order of transfer before respondent no. 2, along with certified copy of this order within ten days from today. In case such claim is raised, the authority concerned would examine the same in terms of transfer policy, by passing a reasoned order, within a period of six weeks, thereafter. For a period of two months or disposal of such representation, whichever is earlier, petitioners would be allowed to continue at present place of posting and their further continuance shall abide by the fresh order to be passed, as directed above.
Order Date :- 25.7.2019 M. ARIF