Court No. - 53
Case :- WRIT - A No. - 13001 of 2019 Petitioner :- Tularam Tripathi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Bijendra Kumar Mishra,Ajit Narain Mishra Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard Sri Bijendra Kumar Mishra, learned counsel for the petitioner.
Learned Standing Counsel appears for the respondents. This writ petition has been filed with the following prayer:
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned transfer order dated 28.6.2019, against the petitioner by which petitioner transfer from 100 Shaiya T.B. Hospital, Gorakhpur to Chief Medical Officer, Saharanpur.
II. Issue a writ, order or direction in the nature of mandamus commanding to the respondent to consider and decide the representation dated 25.07.2019 send by the wife of the petitioner within specific time granted by this Hon'ble Court, and till then petitioner could not be relieve to his transfer place.
III. Award the cost of the writ petition to the petitioner".
The contention of the learned counsel for the petitioner is that the petitioner who is X-ray Technician has been transferred from Gorakhpur to Saharanpur by means of transfer order dated 28.6.2019 contrary to the provision of transfer policy dated 27.11.2018 and 28.5.2019 inasmuch as other X-ray Technicians who are posted at their current place of posting for more than three years have not been transferred but the petitioner has been transferred. The second contention is that the petitioner's wife is unwell and the petitioner would not be in a position to join at Saharanpur since his wife's treatment is going on at Gorakhpur.
The petitioner has not impleaded those persons whom he alleges are posted for more than three years and as such, no interference is called for in this writ petition.
Learned counsel for the petitioner has not been able to point out any provision under the policies of transfer referred to above that would entitled him for not being transferred from his present place of posting. At this stage, learned counsel for the petitioner states that the petitioner would join at the transferred place of posting i.e. Saharanpur in terms of transfer order dated 28.6.2019,but his representation may be decided.
Considering the aforesaid, it is directed that in case the petitioner joins within one week from today at his place of posting as directed by order dated 28.6.2019 and submits a representation to the respondent no. 2 along with a certified copy of this order within a week thereafter, the representation shall be considered by the competent authority expeditiously and preferably within a period of three months thereafter.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 22.8.2019 sfa/ (Jayant Banerji, J)