Court No. - 30
Case :- WRIT - A No. - 13177 of 2019 Petitioner :- Sanjay Kumar Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prateek Sinha,Amar Nath Sinha Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri A.N. Sinha, learned counsel for the petitioner and learned Standing Counsel.
Present petition has been filed seeking quashing of the order dated 21.06.2019 passed by Director (Administration) Medical Health, Anubhag 04, UP, Lucknow (Respondent no. 2).
The transfer order is dated 21 June, 2019. The transfer order reflects that the petitioner has been transferred after promotion from the post of Junior Assistant (Allahabad) to Senior Assistant (Mirzapur).
Drawing attention to recommendation made by the Superintendent-in- Chief of Zila Mahila Chikitsalaya, Prayagraj, he submits that a recommendation has been made staying the transfer order of the petitioner on the ground of his serious illness and education of his children.
Learned Standing Counsel has opposed the prayer on the ground that the transfer is an exigency of service and, therefore, no interference is warranted.
I have considered the submissions and perused the record.
Admittedly, the petitioner has not joined on the transferred post till date, although, the order was passed as back as 21.5.2019.
In such view of the matter and in the facts and circumstances of the case the present petition stands disposed of with the observation that in case after joining the transferred post, the petitioner files a representation before the respondent no. 2-Director (Administration) Medical and Health, Anubhag 04, UP, Lucknow, the same shall be considered and decided by the respondent no. 2 on its own merits preferably within a period of two months from the date of production of certified copy of the order taking into account, the recommendation made by the respondent no. 4.
With this observation petition stands disposed of.
Order Date :- 22.8.2019 Aditya