Court No. - 5
Case :- WRIT - A No. - 12721 of 2021 Petitioner :- Nand Kishore Verma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Narendra Kumar,Krishna Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 4.
The petitioner by means of present writ petition has assailed the order dated 15.07.2021 passed by respondent no.2 whereby petitioner has been transferred from District Moradabad to District Hardoi. The said transfer order has been assailed on the ground that wife of petitioner is Headmistress in Primary School, Tejpur Mafi, District Moradabad, whereas under transfer policy dated 29.03.2018 in para 1 (gha) it is mentioned that efforts should be made to post husband and wife at same place if they are in Government service.
Learned counsel for the petitioner has submitted that transfer order has been passed in violation of transfer policy.
Be that as it may, in the transfer policy, it is mentioned that efforts should be made to post husband and wife at same place if the husband and wife both are in Government department .
Considering the aforesaid fact, this Court finds it appropriate to permit the petitioner to submit a fresh representation before the respondent no.2-Director (Administration), Medical and Health Service, UP, Lucknow, raising all his grievances against the transfer order within a period of two weeks from today. In case any such representation is filed by petitioner within the aforesaid period, same shall be decided by respondent no.2 within a period of two months thereafter.
For a period of three months or till disposal of representation of petitioner whichever is earlier, transfer order dated 15.07.2021 passed by respondent no.2 so far as it relates to the petitioner shall not be given effect to.
With the observations made above, the writ petition is disposed of.
Order Date :- 23.9.2021 SS