Court No. - 6
Case :- WRIT - A No. - 10183 of 2021 Petitioner :- Sarvesh Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present writ petition has been filed challenging the transfer order of the petitioner from District Chandauli to District Fatehpur.
The sole contention of the counsel for the petitioner is that the petitioner is partially disabled and in this connection, he has filed a certificate of disability as Annexure No. 1. He argues that in the policy of transfer dated 29.3.2018, it has been specifically provided in Paragraph No. 11 that people with disability would generally be kept out of transfer. He, thus, argues that no consideration to the disability of the petitioner has been given and the transfer of the petitioner is contrary to the policy decisions but the transfer of the petitioner has been effected.
A perusal of the policy dated 29.3.2018 reveals that it has been provided that persons with disability would generally be kept out of transfer. There appears no consideration in the order of transfer dated 15.7.2021 as the order of transfer impunged is for persons as many as 84. Prima facie, the order appears to be in violation of the policy dated 29.3.2018.
Consequently, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the Respondent No. 2 within ten days from today annexing therewith a copy of the certificate of disability of the petitioner and a copy of this order.
The Respondent No. 2 shall pass orders on the said representation within a period of four weeks from the date of filing of the representation in terms of the policy dated 29.3.2018 and after considering the disability of the petitioner, as prayed by him.
Till the decision is taken, the transfer of the petitioner in pursuance to the order dated 15.7.2021 issued by the Respondent No. 3, Joint Director shall remain in abeyance.
In the event, the petitioner does not file any representation within ten days, as directed above, this order shall stand automatically vacated.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 13.8.2021 vinay