Court No. - 58
Case :- WRIT - A No. - 17221 of 2018 Petitioner :- Yadkaran Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order of transfer dated 25th March, 2018, on the ground that petitioner is physically disabled to the extent of 60%, and therefore, the authorities ought to have kept the petitioner out of routine transfer.
While entertaining the writ petition, following orders were passed in the matter on 13.8.2018:-
"Grievance is that since petitioner is physically handicapped and has been certified to be 60% disabled, as such he ought not to have been transferred vide order dated 25th March, 2018. It is also stated that petitioner has not been relieved so far.
Learned Standing Counsel may obtain instructions. Put up in the additional cause list on 21.8.2018."
Learned Standing Counsel has obtained instruction from the Senior Superintendent of Police, Ghaziabad, as per which petitioner has not been relieved so far. It is, however, stated that there is no certificate evidencing petitioner's disability on record, and therefore, petitioner's claim cannot be examined in that regard.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach respondent no.2 against the order of transfer dated 25.3.2018, alongwith certified copy of this order, within a period of two weeks from today. The authority concerned shall examine petitioner's claim in light of the transfer policy dated 29th March, 2018, by passing an appropriate order, within a further period of six weeks thereafter. Petitioner shall be at liberty to annex disability certificate, alongwith certified copy of this order. Petitioner's continuance shall abide by the fresh order to be passed by the respondent no.2, in that regard.
Order Date :- 21.8.2018 Anil