Court No. - 34
Case :- WRIT - A No. - 8637 of 2021 Petitioner :- Ram Komal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
This petitioner by an order dated 29 June 2021 had been transferred on administrative grounds from District Women's Hospital, Mirzapur to the office of the Chief Medical Officer, Hamirpur. The petitioner raised certain disputes in respect of the recitals appearing in the aforesaid order. Taking note of the same, the respondents have now passed an amended order on 7 July 2021 providing that the petitioner is being posted in the office of the Chief Medical Officer Hamirpur in accordance with the transfer policy of the State. It is this order which is impugned in the present writ petition.
The petitioner does not dispute that he has remained posted at District Women's Hospital Mirzapur since May 2008. The impugned order made in administrative exigencies and in light of the aforenoted fact clearly merits no interference. The order impugned is also not established to fall foul of any statutory rule or the terms and conditions of service of the petitioner.
The Court takes note of the submission of learned counsel that the petitioner has been left with only two years to retire from service and that consequently in terms of the government policy which prevails, he is entitled for the consideration of his prayer for being posted in his home district.
While the impugned order merits no interference, insofar as the aforesaid aspect is concerned, the Court leaves it open to the petitioner to represent before the third respondent. The third respondent shall endeavour to decide any representation in this respect which is made with expedition and preferably within a period of two months.
Petition shall stand disposed of in the above terms.
Order Date :- 29.7.2021 Arun K. Singh (Yashwant Varma, J.)