Court No. - 5
Case :- WRIT - A No. - 8108 of 2021 Petitioner :- Shamli Thakur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State- respondents, Ms. Archana Singh, learned counsel appearing for respondent no.2 and Sri Satish Chandra Yadav, learned counsel appearing for respondent no.4.
The petitioner is presently posted as Assistant Teacher in Primary School Milak Kakraua, Block Sambhal, District Sambhal. The petitioner applied for inter District Transfer from Sambhal to Meerut on medical ground of her daughter, who is suffering from 'Thalassemia'.
Learned counsel for the petitioner submits that the petitioner has made a request before the authority concerned, inasmuch as, the daughter of the petitioner is suffering from 'Thalassemia' which is a serious disease and regular check up is needed for the survival of her daughter. Therefore, he submits that in such extraordinary circumstances, the request of the petitioner can be considered by the respondent-authority.
Ms. Archana Singh, learned counsel for the respondents submits that the quality point marks of the petitioner is below than the cut off marks for Meerut District and, therefore, she could not be adjusted in Meerut District.
Be that as it may, considering the facts that it is a very hard case, inasmuch as, the petitioner's daughter is suffering from 'Thalassemia' disease and she needs regular check up/investigation from the best Doctor, and there is no expert Doctor at Sambhal, who can treat the petitioner's daughter for 'Thalassemia' disease, therefore, in view of the facts this Court finds appropriate in the interest of justice to permit the petitioner to submit a fresh representation before respondent no.2 for her request for transfer from Sambhal to Meerut within a period of two weeks' from today In case any such representation is filed by the petitioner along with the copy of this order downloaded from the official website of the Allahabad High Court duly certified by the learned counsel for the petitioners, the respondent no.2 shall consider and decide the same, in accordance with law by reasoned and speaking order within a period of two months thereafter.It is needless to emphasize that the respondent no.2 shall sympathetically consider the request of transfer keeping in mind the ailment of the petitioner's daughter while deciding the representation of the petitioner.
The writ petition is disposed of subject to the observations made above.
Order Date :- 29.7.2021 SKM