LAWS(ALL)-2005-1-51

A K SINGH Vs. STATE OF U P

Decided On January 27, 2005
A K SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and learned Standing Counsel.

(2.) THE petitioner who is at present posted as Medical Officer in Community Health Centre, Haidergarh, District Barabanki, feeling aggrieved by his transfer to District Rae Bareli vide order dated 24-12-2004, where he remained posted for more than ten years, which fact has not been disputed by the learned Counsel for the petitioner, has approached this Court under Article 226 of the Constitution of India. Submission of the petitioner is that his mother is an old woman and is a patient of diabetes and Arthritis as well as the examination of his children are also scheduled to be held in the month of March and therefore, the study of his children would be adversely affected, in case the appellant is transferred from Barabanki to Rae Bareli in mid academic session.

(3.) WE, therefore, while declining to entertain the writ petition, give liberty to the petitioner to make a fresh representation raising his grievance within a period of two weeks from today. If such a representation is made, the same shall be considered and disposed of expeditiously preferably within a period of six weeks, thereafter. For a period of eight weeks, the petitioner shall be allowed to continue at his present place of posting if no one has joined in place of the petitioner and the operation and implementation of the transfer order dated 24-12-2004 contained in Annexure-1 to the writ petition in respect of the petitioner shall remain stayed till then.