Disposed

Shiv Pujan Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Lko. and 2 Others

Allahabad HC28 Aug 2024/6885/2024

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking transfer of the petitioner to his native district due to his 70% disabled daughter's incurable disease. The authority was directed to consider a fresh representation within a specified timeframe.

What did the court decide?

Petitioner permitted to prefer a fresh representation; authority directed to consider and decide within three weeks.

Shiv Pujan Tiwari Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58329

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Court No. - 4

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Case :- WRIT - A No. - 6885 of 2024

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Petitioner :- Shiv Pujan Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Lko. And 2 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Rahul Roshan Dubey, learned counsel for the petitioner and Sri Diwakar Singh, learned Standing Counsel for the State.

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2. By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(i) to issue a writ, order or direction in the nature of mandamus directing the opposite parties particularly the opposite party No.2 to pass such order in respect of transfer of the petitioner to his native District Pratapgarh from the District-Hamirpur considering he disability of daughter of the petitioner, Ankita Tiwari, suffering from incurable disease, namely, Cerebral Palsy (C.P.) and she is 70% disabled person.

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(ii) to issue a writ, order or direction in the nature of mandamus directing the opposite party No.2 to consider anddecide the representation dated 17.06.2024 moved before him, as contained in Annexure No.7 to the writ petition."

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3. Learned counsel for the petitioner has submitted that there is a specific guidelines accommodating the employee from his choice place if he or his dependent is suffering from physical / mental disability. In the present case, the daughter of the petitioner, Ankita Tiwari, is sufering from incurable disease, namely, Celebral Palsy (C.P.) and she is 70% disabled person. The petitioner has already approached the authority concerned by preferring his representation on 17.06.2024 (Annexure No.7), but no decision has been taken on the same.

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4. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time.

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5. Learned Standing Counsel has stated that he has no objection

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if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time.

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6. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Director (Administration), Medical & Health Services, Swasthya Bhawan, U.P., Lucknow taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim within a period of seven days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of three weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.

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7. In view of the aforesaid terms, the instant writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 28.8.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Shiv Pujan Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Shiv Pujan Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

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