Court No. - 58
Case :- WRIT - A No. - 15464 of 2018 Petitioner :- Shankar Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Tiwari,Mumtaz Ahmad Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 25.5.2018, whereby petitioner has been transferred from Rampur to Hardoi.
The order is assailed on the ground that petitioner is due to retire in less than a year i.e. on 30.6.2018. Various other hardships have also been highlighted, including medical exigencies. It is also stated that the order of transfer has otherwise been passed for extraneous reasons. Learned counsel for the petitioner submits that in terms of transfer policy, petitioner is not liable to be transferred, inasmuch as he has less than one year to retire. It appears that petitioner has already made a representation against the transfer order, but such grievance of petitioner has not been considered so far.
Learned Standing Counsel submits that such grievance of the petitioner can be considered by the competent authority, in terms of the transfer policy.
In the facts and circumstances, this writ petition stands disposed of with a direction upon respondent no.2 to accord consideration to petitioner's claim for being continued at the same station, in terms of the transfer policy, within a period of six weeks from the date of presentation of certified copy of this order. Till a fresh decision is taken upon the petitioner's representation, the order of transfer shall be kept in abeyance. The order impugned shall otherwise be subject to the orders passed by the authority concerned.
Order Date :- 25.7.2018 Ashok Kr.