Heard.
This court has passed the order dated 16.08.2021 as under:-
"Heard Sri S.K. Pathak, learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner prays for and is granted three days' time to file the supplementary affidavit enclosing therewith the relevant documents showing that the son of the petitioner is studying in Class-X in Muzaffarnagar and he is to appear in the forthcoming Board Examination.
List/ put up this case on 23.08.2021 as fresh in the additional cause list.
In the meantime, learned Standing Counsel may also seek instructions in the matter."
In compliance of the aforesaid order, Sri S.K. Pathak, learned counsel for the petitioner has filed the supplementary affidavit annexing therewith copy of the Certificate dated 16.08.2021 issued by the Principal, Shardein School, Muzaffar Nagar indicating therein that the so of the petitioner is a student of Class-X, the same is taken on record.
Learned counsel for the petitioner has submitted that by means of transfer order dated 15.07.2021, the petitioner who is serving on the post of Head Assistant, has been transferred from the office of Chief Medical Superintendent, Muzaffarnagar to the office of Chief Medical Superintendent, Pilibhit in the same capacity. He has further submitted that the petitioner has not been relieved till date.
Referring guidelines of the Transfer Policy dated 29.03.2018, learned counsel for the petitioner has submitted that since the son of the petitioner is studying in Class-X and he is to appear in forthcoming Board Examination, therefore, till coming educational session which would be expiring on 31.03.2022, the transfer of the petitioner may be stayed.
However, the learned Standing Counsel has opposed such prayer of the petitioner by submitting that transfer of the employees have been made as per the policy decision whereby the employees who have completed more than ten years of their servics at a particular district or division, have been transferred from one place to another place. Since the petitioner has completed 27 years of service at Muzaffarnagar, therefore, his transfer was very much warranted from Muzaffarnagar as per the policy decision.
Be that as it may, since the transfer is an incidence of service, therefore, I do not inclined to interfere with the transfer order. So far as the ground to the effect that on account of transfer of the petitioner the study of his son who is studying in Class-X would be disturbed, he may approach the Competent Authority i.e. the Director (Administration), Medical & Health Service, U.P., Lucknow by way of representation taking all pleas and grounds which are available with him annexing therewith the copies of relevant documents showing that his son is studying in Class-X and is to appear in the forthcoming Board Examination within a period of seven days and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner strictly in accordance with law & policy and with compassion, with expedition, preferably within a period of three weeks from the date of presentation of a certified/ computerized copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.
Till the disposal of the representation of the petitioner, the status-quo as on today, shall be maintained.
In view of the aforesaid observations and directions, the instant writ petition is disposed of finally.
Order Date :- 26.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]