Court No. - 18
Case :- WRIT - A No. - 1880 of 2019 Petitioner :- Ravish Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Asharfi Lal,Arvind Kumar Prajapati Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava
Hon'ble Prakash Padia,J.
Heard Sri Ramakant Gupta, Advocate holding brief of Sri Arvind Kumar Prajapati, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 and 2 and Sri Sanjay Kumar Srivastava, learned counsel for respondent Nos.3 to 5.
The petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the respondent No.4/District Magistrate, Etah to decide the representation dated 24.2.2018. A further prayer is made to issue a writ in the nature of mandamus directing the respondents to transfer the petitioner from Primary School Tharauli, Block Shakeet, District Etah to Primary School Baghwala-I, Block - Sheetalpur District Etah on the post of Head Master.
Facts as narrated in the writ petition are that the petitioner was initially appointed on the post of Assistant Teacher in Primary School. Subsequently, he posted as head Master in Primary School Tharauli, Block- Shakeet, District Etah. In paragraph four of the writ petition, it is contended that wife of the petitioner is suffering from Tuberculosis (T.B.). It is further contended that the Institution in which the petitioner is working is about 50 Kms. away from the residence of the petitioner and he is not able to look after his family. The petitioner also relied upon a judgment delivered by this Court in Special Appeal No.857 of 2018 (Sandhya Rani Srivastava and 14 others Vs. State of U.P. and 2 others) decided on 30.10.2018. It is further contended that the petitioner is already submitted a representation before the authorities, since no action has been taken, the petitioner is preferred the present writ petition.
In view of the facts as narrated above and with the consent of learned counsel for the parties, the present writ petition is disposed of at the admission stage itself.
In the facts and circumstances of the case, the petitioner is directed to make a fresh representation ventilating all his grievances before the respondent No.4/District Magistrate, Etah along with a certified copy of this order within a period of two weeks from today.
If such a representation is made, respondent No.4/District Magistrate, Etah is directed to look into the matter and pass appropriate speaking orders in accordance with law within a period of two months from the date of communication of this order.
With the aforesaid observation, the writ petition stands disposed of.
Order Date :- 22.2.2019 saqlain