Heard Dr. Azhar Ikram, learned counsel for the petitioner.
This Writ Petition has been filed challenging the transfer order dated 24.07.2021 passed by the Director (Administration), Medical and Health Services, Respondent No.3 herein, in so far as it relates to the Petitioner.
By the said order, a large number of persons, including the Petitioner, have been transferred from their present place of posting to the places mentioned against their names. The Petitioner is at serial no.237 in the said order.
The Petitioner is a Group C employee and while she was working as Senior Assistant in the office of Chief Medical Superintendent, Kanshiram Sanyukth Chikitsalay and Trauma Centre, Kanpur Nagar, she was transferred from Kanpur Nagar to the office of Chief Medical Officer, District Sitapur. In pursuance of the said order, the petitioner joined at Sitapur on 22.07.2021. On 24.07.2021 the respondent no.3 has passed another order whereby the order dated 15.07.2021 has been modified and the petitioner has now been transferred to Unnao. The petitioner is at serial no.76 in the said order.
Learned counsel for the petitioner has submitted that the husband of the petitioner is working as Post Graduate Teacher (Economics) in Jawahar Navodaya Vidyalaya, Sitapur and as per the transfer policy, in case both husband and wife are Government Servants, they should be posted in the same district. The counsel has further submitted that the son of the petitioner is studying in Class X at Sitapur and her husband is a case of locomotor disability. A copy of the disability certificate issued by the Medical Authority, Kanpur Nagar has been brought on record as annexure no.7 to the writ petition. The counsel has submitted that the transfer of the Petitioner is in violation of transfer policy and is liable to be set aside. Stating the aforesaid facts, the Petitioner had made a representation on 02.08.2021 which, according to her, is still pending. A copy of the representation is Annexure no.12 to the present Writ Petition.
After arguing at some length, the counsel for the Petitioner has prayed for a direction to the concerned authority to consider and dispose off the representation of the Petitioner.
Shri Vinod Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents has no objection to the prayer made by the counsel for the Petitioner.
Looking into the facts and circumstances of the case, and without entering into the merits of the matter, the Petitioner is granted liberty to serve a copy of the representation dated 02.08.2021 mentioned hereinabove along with a certified copy of this order, upon the Respondent No.3 within a period of one week from today.
In case such a representation is made, the Respondent No.3 shall consider and decide the same, by a reasoned and speaking order, strictly in accordance with law within a maximum period of two weeks from the date of receipt of the representation.
Till the disposal of the representation, no coercive action shall be taken against the Petitioner in pursuance of the order impugned in the present Writ Petition.
The benefit of this order shall not be available to the Petitioner in case he fails to make a representation within the time granted to him for the purpose.
With the aforesaid observation the Writ Petition stands disposed of.
Order Date :- 16.8.2021 P.s.