Court No. - 36
Case :- WRIT - A No. - 13382 of 2018 Petitioner :- Manoj Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks to challenge the transfer order dated 8.5.2018 with the assertion that his son is physically challenged person and is suffering from approximately 50% of mental disorder and his treatment is going on in B.R.D. Medical College, Gorakhpur. It is, therefore, not possible for the petitioner to shift to District Siddhartha Nagar wherein the medical facility for such a person is not available neither there is sufficient infrastructure to take care of such person.
Reference has been made to clause 11(5) of the transfer policy dated 29.3.2018 to submit that the said clause takes care of the situation from which the petitioner is suffering.
Submission is that by passing the transfer order, respondent no.2 has not given due consideration to the adverse circumstance of the petitioner.
In view thereof, the present petition is being disposed of with the direction to respondent no.2 to consider the request of the petitioner for retaining him in Gorakhpur in view of the fact that he has to take care of his disabled child.
Clause 11(5) of the transfer policy shall be given due consideration to the petitioner while examining his claim.
For the purpose, the petitioner shall move a fresh application before respondent no.2 alongwith the certified copy of this order within a period of two weeks from today. In case, such an application is moved, the respondent no.2 shall take expeditious decision in the light of the observations made above within a period of one month from the date of receipt of the application.
Till the final decision taken by the respondent no.2, the transfer order dated 8.5.2018 shall not be given effect.
Order Date :- 31.5.2018
AK Pandey