Heard counsel for the parties and perused the record.
The contention of the counsel for the petitioner is that the petitioner has been transferred by means of an order from Varanasi to Deoria.
It is claimed that wife of the petitioner is also a Government servant and is posted at Varanasi and in terms of the Clause 1 (d) of the Transfer Order dated 29.3.2018, the case of the petitioner ought to have been considered in view of the fact that the wife of the petitioner is also posted at Varanasi, which had not been considered in the general order of transfer.
The petitioner produced a copy of the order passed in favour of one Ghanshyam Singh, Pramod Kumar and Ram Pal Singh, who have been accorded the benefit of Clause 1 (d) of the Transfer Policy and have been placed under the same District. Thus, in sum and substance, there is no consideration of transfer policy and in the transfer order, the specific case of the petitioner had not been considered.
The petitioner claims to have given a representation for that matter, which is pending consideration before the Respondent No. 3.
Considering the fact that the petitioner has not been relieved, the present writ petition is disposed off with liberty to the petitioner to file a representation within a period of 10 days from today before the Respondent No. 3, who shall pass order thereupon in terms of the transfer policy dated 29.3.2018 and the order dated 29.7.2021 whereby similarly placed persons have been given the benefit.
The said order shall be passed by the Respondent No. 3 within a period of two months from the date of filing of the representation along with a web generated copy of this order.
Till decision upon the representation is taken, the transfer order of the petitioner shall not be given effect to unless the petitioner is already relieved.
In the event, the petitioner does not file any representation within 10 days, as directed above, this order shall stand automatically vacated.
Order Date :- 27.8.2021 vinay