Disposed

Dr. Irfan Ahmad Mir v. U.O.I. Thru. Secy. Deptt. Chemicals and Petrochemicals, Ministry Chemicals/Fertilisers and 2 Others

Allahabad HC22 Feb 2024/610/2024

Case brief

AI extract

What is this about?

Petitioner challenged transfer from Lucknow to Odisha. Court found transfer disputed based on post nature. Rather than deciding merits, Court exercised discretion to grant liberty to file representation before competent authority within four weeks, overlooking joining at new place.

What did the court decide?

Liberty granted to file representation before competent authority within four weeks overlooking joining at transferred place.

Dr. Irfan Ahmad Mir Vs U.O.I. Thru. Secy. Deptt… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15956

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Court No. - 17

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Case :- WRIT - A No. - 610 of 2024

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Petitioner :- Dr. Irfan Ahmad Mir

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Respondent :- U.O.I. Thru. Secy. Deptt. Chemicals And Petrochemicals, Ministry Chemicals/Fertilisers And 2 Others Counsel for Petitioner :- Vivek Srivastava,Prashant Shukla Counsel for Respondent :- A.S.G.I.

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Hon'ble Manish Mathur,J.

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Heard Sri Prashant Shukla, learned counsel for the petitioner and Sri Raj Kumar Singh, learned counsel for the opposite parties.

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The petition has been filed challenging the order dated 19.01.2024 whereby the petitioner has been transferred from IPT Center, Lucknow to CSTS Center Balasore, Odisha.

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It is submitted that the petitioner currently is working on the post of Senior Technical Officer as academic Incharge under supervisory cadre and the said nature of work and duties is unavailable in the place to where he has been transferred. It is therefore submitted that the petitioner's transfer is not in the interest of organization.

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Learned counsel for the opposite parties, on the basis of instructions, however, submits that the petitioner as Senior Technical Officer is required to perform not only academic but administrative functions as well, work for which is available in CSTS Center in Balasore.

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Considering the nature of grievance raised by learned counsel for the petitioner, it would be appropriate for the authority concerned to consider the same in the light of nature and duties of petitioner required to be performed as Senior Technical Officer.

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Learned counsel for the opposite parties also submits that in the meantime the petitioner has been relieved and has joined at his place of transfer.

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Considering aforesaid facts and without entering into the merits of the case, liberty is granted to the petitioner to file representation before the competent authority with regard to his grievance. Such representation, if preferred, shall be decided

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within a period of four weeks from the date certified copy of this order is produced before the authority concerned overlooking the aspects of his joining at the transferred place.

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With the aforesaid directions, the petition stands disposed of.

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Order Date :- 22.2.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Dr. Irfan Ahmad Mir v. U.O.I. Thru. Secy. Deptt. Chemicals and Petrochemicals, Ministry Chemicals/Fertilisers and 2 Others

Case brief

What is this about?

What did the court decide?

Dr. Irfan Ahmad Mir v. U.O.I. Thru. Secy. Deptt. Chemicals and Petrochemicals, Ministry Chemicals/Fertilisers and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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