This Single Judge order disposed of a writ petition by directing the concerned authority to consider and decide the petitioner's pending representation for transfer within eight weeks, issuing a speaking order.
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.
Neutral Citation No. - 2023:AHC-LKO:74889
Court No. - 19
Case :- WRIT - A No. - 8852 of 2023
Petitioner :- Ram Bahadur Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Transport Civil Sectt. Lko And 4 Others Counsel for Petitioner :- Ajay Bahadur Yadav Counsel for Respondent :- C.S.C.,Ratnesh Chandra
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner. Notice on behalf of the respondent no.1 has been accepted by the office of the Chief Standing Counsel. Notice on behalf of the respondents no.2 to 5 has been accepted by Shri Ratnesh Chandra.
The grievance of the petitioner is that he was working as a Driver in the department of UPSRTC. However, during his tenure, some neurological problem and for the aforesaid reason, he is unable to perform his duty efficiently. It is further stated that the fact that the petitioner is suffering from neurological disorder is already placed through Chief Medical Officer vide letter dated 04.03.2023 and the same was also brought to the notice of the respondent no.4. The petitioner has also moved a representation to the respondent no.4 to adjust the petitioner in some other place as he is at the verge of retirement within the next two years.
Having considered the aforesaid and noticing the relief which has been prayed, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the respondent no.2 to consider and decide the pending representation of the petitioner, a copy of which has been brought on record as annexure no.2 preferably within a period of eight weeks by passing a reasoned and speaking order, from the date a copy of this order is placed before the authority concerned.
It is made clear that the Court has not examined the case of the petitioner on merits and the authority shall take a decision strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 9.11.2023 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the petitioner, a UPSRTC driver suffering from a neurological disorder, is entitled to a transfer to another place prior to retirement.
Whether the manner in which the application should be considered and decided is enunciated by this Court.
Whether there is a gainful purpose in keeping the petition pending.
Ram Bahadur Yadav
State Of U.P. Thru. Prin. Secy. Transport Civil Sectt. Lko
4 Others
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
