Heard Shri R.D. Shahi, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State-respondents.
In view of the order proposed to be passed, notice to respondent no.3 is dispensed with.
This Writ Petition has been filed challenging the transfer order dated 15.7.2021 passed by the Director, Local Bodies, Lucknow, respondent no.2 herein, in so far as it relates to the petitioner.
By the said order a large number of persons including the petitioner have been transferred from their present place of posting to the places mentioned against their names. The petitioner, who at present working as Junior Engineer in Nagar Palika Parishad, Tanda, District Ambedkar Nagar, is at serial no.06 in the said order. She has been transferred from District Ambedkar Nagar to Nagar Palika Parishad, Rudauli, District Ayodhya.
Learned counsel for the petitioner has submitted that the husband of the petitioner is working as Junior Engineer at Nagar Palika Parishad Akbarpur, District Ambedkar Nagar and as per transfer policy, in case both husband and wife are Government Servants, they should be posted in the same district. The counsel submits that the transfer order of the petitioner has been passed in gross violation of the transfer policy and is liable to be set aside. Learned counsel submits that in this regard, the petitioner has already made a representation on 22.7.2021. A copy of the said representation is annexed as annexure 9 to the writ petition. He prays that respondent no.2 be directed to consider and decide the same.
Learned Additional Chief Standing Counsel has no objection to the prayer made by the learned counsel for the petitioner.
Considering the innocuous request made by the counsel for the petitioner, without entering into the merits of the matter and with the consent of the counsel for the parties, this Writ Petition is finally disposed of with a direction to the petitioner to serve a copy of the representation dated 22.07.2021, a copy of which has been annexed as annexure no. 9 to the Writ Petition, along with a certified copy of this order upon respondent no.2 within two weeks from today.
In case, a copy of the representation dated 22.07.2021 is served upon the respondent no.2 in terms of this order, the respondent no. 2 is directed to consider and decide the same, by a reasoned and speaking order, strictly in accordance with law, within a maximum period of two weeks from the date a copy of the representation is served upon him.
Till the disposal of the said representation, no coercive action shall be taken against the petitioner.
The benefit of this order shall not be available to the petitioner in case a copy of the representation dated 22.07.2021 mentioned above is not served by the petitioner upon the respondent no. 2, within the time granted to her for the purpose.
With the aforesaid observations, the Writ Petition stands finally disposed of.
Order Date :- 27.7.2021 P.s.