In Ref: C.M. Application No.13515 of 2021 Learned counsel for the applicant has filed the application for restoration of the writ petition.
Cause shown in the affidavit is sufficient.
The application is allowed, order dated 21.01.2021 is recalled.
The writ petition is restored to its original number and status.
In Ref: Service Single No.6956 of 2020 Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The learned counsel appearing for the petitioner submitted that the impugned transfer order has been passed by the competent authority is not in public interest or administration existence. The same has been passed on letter of Member of Parliament, Sitapur which is appended as Annexure No.2. He has also submitted that the other employees, who have been working there prior to the petitioner has not been transferred. Therefore, the transfer order of the petitioner is illegal, arbitrary and violation of the Article 14 of the Constitution of India. At last, learned counsel appearing on behalf of the petitioner submitted that in pursuance of the impugned transfer order, the petitioner has already been joined the post where he was transferred by impugned order and also submitted that since his old father is staying with the petitioner and he is not well as due to old illness, therefore, he is facing inconvenience on the place where he has been transferred and make innocuous prayer that the concerned authority may consider his case sympathetically after considering the inconvenience as stated hereinabove and pass an appropriate order in accordance with law. He has submitted that he has joined the post in pursuance of place where he has been transferred and he is discharging his duty with all devotion.
Per contra, learned counsel for the State vehemently opposed the submission of the learned counsel for the petitioner on merit and submitted that there is no illegality in the impugned order passed but he has not opposed the innocuous prayer as made by the learned counsel for the petitioner.
In view of the above facts and circumstances and without entering into the merit of the case, the petitioner is directed to make a fresh and detailed representation before the District Development Officer, Sitapur within 10 days from today and after receipt of the representation and along with copy of this order District Development Officer, Sitapur is directed to consider the case sympathetically and pass appropriate and reasoned order in accordance with law within a month.
Accordingly, the instant writ petition is disposed of.
Order Date :- 22.2.2021 A.P.