Court No. - 3
Case :- WRIT - A No. - 19063 of 2018 Petitioner :- Smt. Savita Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Singh Counsel for Respondent :- C.S.C.,Naval Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Surendra Kant Shukla for respondent Nos. 1 to 3 and Sri J.S. Pandey, learned counsel for respondent No. 4.
In the light of the order proposed to be passed by this Court, there is no need to issue notice to respondent No. 5.
The case of the petitioner is that she was posted as Executive Officer in Nagar Panchayat Kirawali, Agra. It is submitted by learned counsel for the petitioner that as the petitioner was in advance stage of her pregnancy, she moved an application dated 08.03.0218 for maternity leave for (180 days) from 12.03.2018 to 07.09.2018 which was duly sanctioned by Competent Authority i.e. Director vide its letter dated 15.05.2018. It is further stated that quite shockingly, during her maternity leave, she was transferred by Special Secretary vide impugned order dated 22.06.2018 from Nagar Panchayat Kirawali, Agra to Nagar Panchayat Fatehabad, Agra on administrative ground which was came to the knowledge of petitioner on 04.08.2018.
After some argument, learned counsel for the petitioner has prayed that the petitioner is ready to join at her transferred place as directed by order dated 22.06.2018 and requested that petitioner is having four months' child, therefore, respondent No. 2 may consider to transfer her at some nearby place from the place of her present posting.
Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Surendra Kant Shukla for respondent Nos. 1 to 3 have no objection to the prayer made by learned counsel for the petitioner.
In view of the facts and circumstances of the case, with the consent of parties, without adverting on the merits of the case, the writ petition is disposed of directing the petitioner to submit a representation along with certified copy of this order before respondent No. 2, Director (Local Bodies), Government of U.P. at Lucknow within a week from today. If any such representation is filed, respondent No.2 is directed to verify whether petitioner has submitted her joining pursuant to the order dated 22.06.2018 or not and if she is complied with the order dated 22.06.2018, respondent No. 2 shall decide the representation of petitioner sympathetically considering the peculiar situation of petitioner, preferably within 15 days from the date of production of certified copy of this order along with representation.
Order Date :- 19.9.2018/Sartaj