Heard Mr. Aashish Srivastava, learned counsel for the Petitioner.
This Writ Petition has been filed challenging the transfer order dated 15.07.2021 passed by the Director (Administration) Medical and Health Services, Respondent No. 3 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 is at serial no.152 in the said order.
The Petitioner is a Group C employee and is at present working as the Senior Assistant in the office of the Chief Medical Officer, District Maharajganj. He has been transferred from Mahrajganj to the office of the Chief Medical Officer, District Shahjahanpur.
The learned counsel for the Petitioner has submitted that the Petitioner was elected as District President of U.P. Medical and Ministerial Public Health Association, Maharajganj on 20.4.2021. The counsel for the Petitioner has argued that as per the transfer policy, the President and Secretary of recognized associations are not to be transferred within a period of two years since their election. He has further submitted that the transfer of the Petitioner is in violation of transfer policy and is liable to be set aside. Stating the aforesaid fact, the Petitioner had made a representation on 4.8.2021 which, according to him, is still pending. A copy of the representation has been brought on record as Annexure no. 12 to the present Writ Petition.
After arguing at some length, the counsel for the Petitioner has confined his prayer for a direction to the concerned authority to consider and dispose off the representation of the Petitioner.
Shri Vinod Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents has no objection to the prayer made by the counsel for the petitioner.
Looking into the facts and circumstances of the case, and without entering into the merits of the matter, the Petitioner is granted liberty to serve a copy of the representation dated 04.08.2021 mentioned hereinabove along with a certified copy of this order, upon the Respondent No. 3 within a period of one week from today.
In case such a representation is made, the Respondent No. 3 shall 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 of receipt of the representation.
Till the disposal of the representation, no coercive action shall be taken against the Petitioner in pursuance of the order impugned in the present Writ Petition.
The benefit of this order shall not be available to the Petitioner in case he fails to make a representation within the time granted to him for the purpose.
With the aforesaid observation the Writ Petition stands disposed off.
Order Date :- 12.8.2021 Gaurav/-