Allahabad High Court
Raj Kumar Tiwari vs State Of U.P. Thru. Prin. Secy. Dept. Of ... on 30 September, 2022
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- WRIT - A No. - 6708 of 2022 Petitioner :- Raj Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Dept. Of Mahila Kalyan Lko And 5 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar,J.
Learned counsel for the petitioner has submitted that the present writ petition has been preferred for quashing of the transfer order dated 30.06.2021 as far as it relates to the petitioner by which petitioner has been transferred from Barabanki to Bareili.
It is further submitted that the transfer of the petitioner is not in consonance of the clause 5 (vii) of the Transfer Policy dated 15.06.2022. It is further submitted that wife of the petitioner is a heart patient and she had undergone with heart surgery in the year 2019 and pace maker has been planted in her body.
Petitioner has made a representation dated 04.07.2022 to the respondent no. 3 i.e. Director, Mahila Kalyan, U.P. but till date no order has been passed. It is further submitted that nobody is in his family to look after his wife.
After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that respondent no. 3 may be directed to decide the representation of the petitioner considering the difficulty related to the medical ailment of his wife in light of the para no. 5 (VII) of the Transfer Policy dated 15.06.2022. It may also be provided that during the decision taken by the respondent no. 3, petitioner shall not be compelled to join the transferred place.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
Considering the submissions raised by learned counsel for the parties and going through the record, the present petition is disposed of with a direction to the respondent no. 3 to consider and decide the representation of the petitioner dated 04.07.2022 and keeping in mind the ailment of wife of the petitioner and para no. 5 (VII) of the Transfer Policy dated 15.06.2022 by passing an reasoned and speaking order in accordance with law within a period of six weeks from the date of certified copy of this order is served.
Till the decision taken by the respondent no. 3 on the representation of the petitioner dated 04.07.2022 or till the expiry of six weeks period from the date of certified copy of this order is served, whichever is earlier, petitioner shall not be compelled to join at the transferred place at Bareily.
Order Date :- 30.9.2022 S. Kumar