Disposed

Danveer Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

Allahabad HC25 Jan 2024/472/2024

Case brief

AI extract

What is this about?

This order disposed of a writ petition for quashing an order rejecting a transfer representation. The court did not examine merits but allowed the petitioner liberty to move a fresh representation to consider his wife's serious illness under the State's transfer policy within four weeks.

What did the court decide?

Liberty to move a fresh representation within one week; respondent to consider and decide within four weeks.

Danveer Singh Vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7397

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Court No. - 18

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Case :- WRIT - A No. - 472 of 2024

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Petitioner :- Danveer Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Ravindra Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Present petition has been preferred for quashing of the impugned order dated 14.12.2023 whereby the representation of the petitioner dated 25.05.2023 against the transfer order dated 20.05.2023 has been rejected.

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Learned counsel for the petitioner has submitted that by transfer order dated 20.05.2023, the petitioner working on the post of Sub Inspector was transferred from Bareily to Gonda. Against the said transfer order, the petitioner had approached this Court by filing Writ Petition No. 8907 of 2023 (Danveer Singh Vs. State of U.P. and others) which was disposed of by this Court vide its judgment and order date 09.11.2023 directing the respondent no. 2 i.e. Director General of Police (Establishment)/Additional Director General of Police (Establishment), Police Headquarter Signature Building, Lucknow to decide the representation of the petitioner within a period of four weeks. The representation of the petitioner has been rejected against which the present petition has been preferred.

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It is further submitted that the petitioner in his representation dated 25.05.2023 in para (i) has disclosed serious illness of his wife, who is suffering from Cancer and she is under treatment of Dr. A.K. Diwan of Rajiv Gandhi Cancer Institute and Research Centre, Rohini, New Delhi and requested for accommodating the petitioner to the nearby districts of Delhi in place of posting the petitioner 700 Kilometers away from Delhi i.e at Gonda.

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It is further submitted that the representation of the petitioner has been rejected by the impugned order dated 14.12.2023 without considering the personal difficulty of the petitioner i.e. serious ailment of his wife whose treatment is going on at the aforesaid hospital.

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It is further submitted that in the transfer policy of the State dated 07.06.2023 which provides that the ailment of the family members may also be considered while transferring the employee.

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After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that petitioner may be permitted to make a fresh representation to the respondent no. 2 who may consider the same looking into the serious ailment of his wife and decide the same within the stipulated time frame as this Hon'ble Court may deem fit and proper.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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Without entering into the merit of the case and on the request of learned counsel for the petitioner, the present writ petition is disposed of with liberty to the petitioner to move a fresh representation to the respondent no. 2 alongwith certified copy of this order within a period of one week from today. If any such representation is preferred by the petitioner, the same shall be considered and decided by the respondent no. 2 in accordance with law within a period of four weeks, thereafter.

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Order Date :- 25.1.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Danveer Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

Case brief

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Danveer Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

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