Disposed

Dharmeh Kumar v. State of U.P. and 2 Others

Allahabad HC21 Jul 2023WRIA/11649/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a transfer order. Relying on a Government Order exempting employees with disabled dependents from routine transfer, the court directed the respondent to hear a new representation and stayed the transfer order pending such decision.

What did the court decide?

Stay on transfer order pending decision on a representation filed by the petitioner; direction to respondent to decide expeditiously.

Dharmeh Kumar Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:145755

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Court No. - 32

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Case :- WRIT - A No. - 11649 of 2023

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Petitioner :- Dharmeh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the petitioner.

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The present writ petition has been filed challenging the order dated 30.6.2023 passed by the Director (Administration), Directorate of Medical and Health Services, Uttar Pradesh, Lucknow, i.e., respondent no. 2 transferring the petitioner from Autonomous / Self Governing State Medical College, Sonbhadra to the District Joint Hospital, Chakiya, Chandauli.

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The petitioner is, at present, posted as Senior Assistant in Autonomous / Self Governing State Medical College, Sonbhadra.

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The petitioner challenges the transfer order on the ground that it violates Clause - 5 (v) of the Government Order dated 7.6.2023 which provides that those State Government employees, who have mentally and physically handicapped dependents, shall be exempted from routine transfer policy and shall be transferred only on grounds of serious complaints against them or for any other unavoidable reason.

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The petitioner has contended that his wife suffers from Schizophrenia and is 71 to 99% disabled. In this respect, the medical certificate issued from the office of the Chief Medical Officer, Sonbhadra has been annexed as Annexure No. 2 to the writ petition.

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A perusal of the order dated 30.6.2023 does not indicate that there is any complaint against the petitioner or there are unavoidable reasons to transfer the petitioner from his present place of posting.

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The petitioner may make a representation before the Director (Administration), Directorate of Medical and Health Services, Uttar Pradesh, Lucknow, i.e., respondent no. 2 bringing all the necessary facts to his notice who after verifying the claim of the petitioner and the documents filed by the petitioner shall take

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appropriate decision on the representation of the petitioner, expeditiously and strictly in accordance with law, especially in accordance with the Government Order dated 7.6.2023.

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Till the representation filed by the petitioner is decided by respondent no. 2, the transfer order dated 30.6.2023 so far as it relates to the petitioner shall remain in abeyance and the petitioner shall be allowed to function in Autonomous / Self Governing State Medical College, Sonbhadra.

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With the aforesaid direction, the writ petition is disposed of .

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Order Date :- 21.7.2023 Satyam

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Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad

Dharmeh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

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Dharmeh Kumar v. State of U.P. and 2 Others

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