Petitioner challenged a transfer order but sought liberty to approach the competent authority due to imminent retirement. Court directed respondents to dispose of representation within three weeks and dismissed the writ.
Liberty granted to pursue representation before competent authority; respondents directed to dispose within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 5
Case :- WRIT - A No. - 13571 of 2018
Petitioner :- Umesh Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Kumar Dubey Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Shri Pranjal Mehrotra, learned counsel who has appeared on behalf of the contesting respondents.
This petition has challenged an order of transfer dated 9 May 2018 in terms of which the petitioner has been transferred from Moradabad to Saharanpur. Although learned counsel for the petitioner initially sought to assail the order of transfer on merits, upon it being pointed out by the Court that the same would not warrant this Court interfering in exercise of its jurisdiction under Article 226 of the Constitution, learned counsel for the petitioner prays for liberty being granted by this Court to pursue the representation made before the competent authority, since according to him, the petitioner has only three months left to retire. In this connection, learned counsel for the petitioner has drawn the attention of the Court to the representation dated 16 May 2018 appended as Annexure 4 to the writ petition.
Shri Pranjal Mehrotra appearing for the respondents states that the said representation shall be duly attended to and disposed of by the competent authority bearing in mind the fact that the petitioner has only three months left to retire from service. He further states that the said representation
shall be duly disposed of in accordance with law and within a period of three weeks from today.
In light of the statement so made, the petition stands disposed of.
Order Date :- 7.6.2018 VKS
2 issues framed by the court
Whether this Court should interfere with an order of administrative transfer of a civil servant who has only three months left to retire.
Whether the petitioner should be granted liberty to pursue representation before the competent authority regarding the transfer order.
1 provisions across 1 enactments
Umesh Kumar Sharma
State Of U.P.
4 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
