(Civil Misc. Application No.27261 of 2021: Application for Correction of Judgment and Order dated 10.2.2021) Heard learned counsel for petitioner.
The application is allowed. The order dated 10.2.2021 is corrected. In para 9 of the said judgment the date '30.04.2020' is corrected to be read as '30.04.2021'. After correction, the said judgment and order dated 10.2.2021 reads as under:-
1. Heard Sri Gaurav Mehrotra, learned counsel for petitioner and learned Standing Counsel for the State.
2. Present writ petition is filed by the petitioner challenging the order dated 04.08.2020 as well as order dated 23.12.2020 passed by respondent no.2 whereby his representation has been rejected.
3. Earlier also, petitioner had filed a Writ Petition No.16782 (S/S) of 2020 challenging his transfer order dated 04.08.2020 in which by order dated 04.11.2020, the matter was sent to respondent no.2 for consideration of representation of petitioner. In the said order, the Court specifically noted the submissions of petitioner that his son is studying in Class-XII and has to give his board examinations, therefore, mid-session transfer be not effected. Learned counsel for petitioner states that in the impugned order dated 23.12.2020, though, reference of submission of petitioner was given but the same has not been decided by the respondent no.2. Therefore, impugned order dated 23.12.2020 on the face of it is in violation of order dated 04.11.2020 passed by this Court.
4. On the other hand, learned Standing Counsel submits that, this is a transfer matter and the Court should not interfere in the same.
5. I have heard counsels for both the parties and with their assistance perused the order dated 23.12.2020.
6. The order dated 23.12.2020, though, quotes the order dated 04.11.2020 passed by this Court containing the submission of petitioner with regard to his son being in Class-XII but same is nowhere considered in the impugned order. Therefore, the impugned order dated 23.12.2020 on the face of it cannot stand and is set aside.
7. Learned counsel for petitioner states that the examinations of petitioner's son are expected to be over in any case by 30.04.2021. Learned counsel for petitioner also gives undertaking before this Court on behalf of petitioner that petitioner shall join at his new transferred place immediately after 30.04.2021.
8. The statement of learned counsel for petitioner is accepted and is taken on record.
9. The transfer order dated 04.08.2020 to the extent it relates to petitioner is stayed till 30.04.2021 only. Thereafter, petitioner shall immediately join at his transferred place in pursuance of transfer order dated 04.08.2020.
10. With the aforesaid, present writ petition is disposed of.
Order Date :- 12.2.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)