Writ petition challenging transfer affecting placement on promoted post. Court disposed matter without merit discussion, directing respondents to consider representation within four weeks.
Respondent No.2 to consider petitioner's claim in light of representation dated 8.7.2019 and pass a speaking order within four weeks.
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Court No. - 36
Case :- WRIT - A No. - 5201 of 2020
Petitioner :- Sushil Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Mahendra Bahadur Singh,Vijeta Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed for quashing of order dated 27.6.2019 passed by respondent No.2. In pursuance of the said order, the petitioner, who was promoted from the post of Junior Assistant to the post of Senior Assistant, was placed in District Saharanpur on the promoted post while he was earlier working in District Hapur.
The case of the petitioner is that there was a recommendation in favour of the petitioner by the Chief Medical Officer, Hapur mentioning that one vacant post of Senior Assistant is available in the district and the petitioner could be adjusted on the said post. It has been brought on record as Annexure 2 to the writ petition. The petitioner is stated to have made representation for being given placement on the promoted post in District Hapur itself. It is urged that the petitioner has not been relieved from district Hapur so far and he is still working there.
As per instructions received by learned standing counsel, the petitioner has been relieved to facilitate his joining at the transferred place. The instructions also mention that the petitioner had remained posted in district Hapur for almost 18 years and in view of which he has been transferred to district Saharanpur.
Learned counsel for the petitioner submitted that since the
petitioner had remained posted at Hapur so far and in the meantime various government orders have been issued which places bar upon transfer due to Covid-19 pandemic, therefore, the case of the petitioner deserves to be considered in light of the same.
Learned standing counsel state that respondent No.2 would be competent to consider the claim of the petitioner.
Having regard to peculiar facts of the case, the writ petition is disposed of without expressing any opinion on merits with the direction to respondent No.2 to consider the claim of the petitioner in the light of the representation dated 8.7.2019 or such other representation as may be made by the petitioner alongwith true attested copy of the instant order, by passing a speaking order within next four weeks.
(Manoj Kumar Gupta, J.)
Order Date :- 27.7.2020 skv
1 issue framed by the court
Whether the petitioner's transfer and placement question should be considered in light of the representation dated 8.7.2019.
Sushil Kumar
State of U.P.
Another
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
