Court No. - 36
Case :- WRIT - A No. - 8765 of 2021 Petitioner :- Khadag Bahadur Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Shrawan Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Chief Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 15.7.2021 (Annexure No. 7) so far as it pertains to the petitioner being shifted from District Hospital Ballia to District Fatehpur. Further directing the respondents not to disturb continuance of the petitioner as Head Clerk at District Ballia.
It appears from the record that the petitioner has earlier approached to this Court by means of Writ A No. 18964 of 2019 challening the order dated 29.6.2019 passed by the respondent whereby he has been transferred from District Hospital Ballia to Office of the C.M.O. Deoria. While disposing the said writ petition on 28.11.2019, leave was accorded to the petitioner to move a representation within ten days before the competent authority regarding his claim and the said representation was directed to be decided by the competent authority on sympathetic ground in further three weeks time. Further, it was also directed by this Court for the period of three weeks or till disposal of the said representation, whichever is earlier, the status quo as on that day shall be maintained by the parties.
Learned counsel for the petitioner submits that in response to the order dated 28.11.2019, the petitioner preferred representation before the second respondent on 6.12.2019 (Annexure No. 5) well within time stipulated by this Court but the same has not been decided by the Authority concerned till date. Meanwhile, vide order dated 22.1.2021 the petitioner was accorded promotion on the post of Senior Assistant and was permitted to remain at District Ballia. Now, by the order impugned he has been absorbed and allocated District Fatehpur in the office of C.M.O.
In support of his submission, learned counsel for the petitioner has placed the order dated 24.7.2021, whereby, similarly situated 193 incumbents were adjusted and placement was also accorded. He submits that taking into account the inconvenience to the petitioner, similar treatment may also be extended to him.
So far as the factual aspect of the matter, the same is not disputed by learned Standing Counsel.
In the facts and circumstances, the Court is of the considered opinion that no interference is required in the order impugned as the petitioner has been accorded promotion on the post of Senior Assistant and on instructions, it has also been apprised that the petitioner is not ready to forego the promotion. However, leave is accorded to move an appropriate application before the competent authority regarding his grievance. In case any such application is preferred, this Court hope and trust that the petitioner's claim may also be addressed in the light of the adjustment order dated 24.7.2021.
With the aforesaid observations and direction, the present writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 A.K.Srivastava