Heard Mr. L. K. Pathak, learned Counsel for the petitioner and Mr. Sanjay Sarin, learned Standing Counsel.
This petition is directed against the order dated 2.12.2009 whereby the authority concerned/opposite party No.2 transferred the petitioner to District Lalitpur. The petitioner has already made a representation to the authorities narrating his difficulties in proceeding on transfer, which too was rejected by the order dated 7.1.2010.
Learned Counsel for the petitioner submits that the petitioner is going to retire on 31.3.2010 and in view of the relevant Government Orders, he should not have been transferred, as the petitioner is going to retire within three months.
In view of the law laid down by the Apex Court in the case of Mrs. Shilpi Bose v. State of Bihar and others [AIR 1991 SC 531], I am not inclined to interfere under Article 226 of the Constitution of India.
However, I direct the authority concerned to consider and decide the representation of the petitioner, in light of the relevant Government Orders, within a maximum period of two months from the date of presentation of a certified copy of this order, if it is moved within ten days from today. Till disposal of the representation, the order dated 2.12.2009, so far as it relates to the transfer, shall be kept in abeyance, if the petitioner has not 2 been relieved till date.
With the above directions, the writ petition is disposed of finally.
Dt.28.1.2010 lakshman/