Disposed

Dr. Umesh Kumar v. State of U.P. and 3 Others

Allahabad HC13 Feb 2023WRIA/21021/2022

Case brief

AI extract

What is this about?

Writ petition challenging a transfer order of Dr. Umesh Kumar dismissed without interference at this stage. The Court directed the respondent to consider a fresh representation from the petitioner and his wife regarding posted vacancies within four weeks if filed within two weeks.

What did the court decide?

Court did not interfere with transfer order; directed respondent to consider fresh representation within four weeks if filed within two weeks.

Dr. Umesh Kumar Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 21021 of 2022

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Petitioner :- Dr. Umesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Kumar Tripathi,Anil Kumar Tiwari

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Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondent.

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By means of the instant petition, the petitioner is assailing the impugned transfer order dated 30.06.2022.

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The submission of learned counsel for the petitioner is that both the petitioner and his wife are doctors. The petitioner has been transferred from Etawah to District Jalaun whereas the wife of the petitioner Dr. Mamta Rani is posted as Assistant Professor in U.P. Chikitsa Ayurvigyan Sansthan, Safai, Etawah.

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The petitioner has already made an online request in consonance with the transfer policy dated 15.06.2022 more particularly in terms of clause-5 (iii) and (iv). It has also been pointed out that the wife of the petitioner has also made a representation on 04.07.2022 citing the same clauses and it has also been pointed out that there are certain vacancies which are available in the office of Chief Medical Superintendent, Mainpuri and in the aforesaid circumstances, the aforesaid case of the petitioner can be considered.

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Considering the aforesaid facts and circumstances and issue as to whether the petitioner and his wife have been transferred at a place which is to be taken by respondent no.2. Accordingly, at this stage, the Court is not inclined to interfere in the matter, even it is open to the petitioner to move a fresh representation within a period of two weeks. In case, such a representation is moved along with the copy of the order passed by this Court, the respondent no.2 shall consider and decide the same in accordance with rules and law applicable within a period of four weeks thereafter and intimate the same to the petitioner.

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It is made clear that the Court has not examined the case of the

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petitioner on merits and the respondent no.2 shall decide the same in accordance with applicable rule and law.

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With the aforesaid, the writ petition is disposed of.

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Order Date :- 13.2.2023 Ashish Pd.

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Dr. Umesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dr. Umesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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