Court No. - 35
Case :- WRIT - A No. - 17279 of 2021 Petitioner :- Surendra Nath Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sanjay Kumar Mishra for the petitioner and Sri Santosh Kumar, learned Standing Counsel appearing for respondent nos. 1 and 2.
The present petition has been filed seeking to assail the order dated 22.11.2021 in terms of which the petitioner has been transferred consequent to grant of promotion. The order dated 23.11.2021 in terms of which the petitioner has been relieved is also under challenge.
Learned Senior Counsel, while not disputing the correctness of the order of transfer and the consequential relieving order, submits that on account of the fact that the petitioner is suffering from serious ailments for which he is undergoing medical treatment at his present place of posting, he does not wish to avail the promotional benefit and accordingly he may be permitted to continue at the place from where he has been transferred.
It is stated that the petitioner would file a detailed representation with regard to his grievances before the respondent no. 2 which may be accorded favourable consideration.
Learned Standing Counsel appearing for respondent nos. 1 and 2 submits that in case any such representation is moved, the same would be decided within a period of two weeks from the date of filing of the representation by the authority concerned.
Having regard to the aforesaid, and as agreed to by the counsel for the parties, the writ petition is disposed of with the observation that in case, the petitioner moves a representation with regard to his grievances, in respect of the orders under challenge, before the respondent no. 2 within a period of two weeks from today, along with a certified copy of this order, the same would be considered and decided as per the prevalent government policy, within a period of two weeks thereafter.
It is made clear that this Court has not adjudicated on the merits of the claim sought to be set up on behalf of the petitioner and the authority concerned would be expected to pass an order in accordance with law without being influenced by any of the observations made herein above.
Order Date :- 20.12.2021 Pratima (Dr.Y.K.Srivastava,J.)