Disposed

Anita Kumari v. Union of India and 5 Others

Allahabad HC21 Sept 2023WRIA/14850/2023

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order to a new battalion. Concluding the case was appropriate for first-instance consideration, the Court directed transfer consideration as moot since the petitioner had joined the new unit. The Court directed parties to submit representation for redressal after joining pending within three weeks. Merits were not examined.

What did the court decide?

Writ petition disposed of directing petitioner to submit joining and representation for redressal at transferred place.

Anita Kumari Vs Union of India and 5 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183104

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Court No. - 37

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Case :- WRIT - A No. - 14850 of 2023

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Petitioner :- Anita Kumari Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Mishra

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner and Sri Akhilesh Kumar Mishra, learned counsel for the respondents.

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With the consent of learned counsel for the parties, the writ petition is being finally decided.

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The petitioner being aggrieved with transfer order dated 16.03.2023, a copy of which is Annexure-4 to the writ petition, whereby she has been transferred from Unit 101 RAF to 240 (M) battalion which, according to the petitioner, is transfer from Allahabad to New Delhi, is before this Court. Also under challenge is the approval order dated 22.08.2023, a copy of which is Annexure-6 to the writ petition, whereby the transfer order of the petitioner has been approved.

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Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.

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Sri Akhilesh Kumar Mishra, learned counsel for the respondents, states that the petitioner has already been relieved on 29.08.2023 and submits that the petitioner should submit her joining at the transferred place and thereafter may submit her representation for redressal of her grievances.

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Considering that the petitioner already stands relieved in pursuance of the transfer order dated 16.03.2023 as such it is provided that the petitioner may submit her joining at the transferred place and thereafter may submit her representation to the competent authority for redressal of her grievances. In case after joining at transferred place any such representation is made then the competent authority shall proceed to consider the same in

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accordance with law and decide the same within a period of three weeks from the date of submission of the representation.

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

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It is made clear that this Court has not gone into the merits of claim set forth by the petitioner.

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Order Date :- 21.9.2023 A. Katiyar

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad

Anita Kumari v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

Anita Kumari v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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