ANJNA SHARMA Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL submits that Petitioner is presently serving as Teacher Gr.III and posted at Govt. Upper Primary school, Kotdi (Kota), on being transferred at a distance of 70 kms vide order dt.26/09/2010 preferred appeal 3743 /2010 before the Tribunal wherein notices of appeal and stay application have been issued vide order dt.29/11/2010.

(2.) COUNSEL submits that Petitioner is suffering from disease of lumbar canal spine having severe problem in the back bone; due to which she is unable to stand and walk as is evident from MRI report (Ann.2) which shows that L3 -4 to L5 -S1 discs are hypo -intense on T2 weighted images suggesting to be degenerated and dehydrated and as a result of her ill health, it is difficult for the Petitioner to carry out the order. Counsel further submits that as regards her ill health the Tribunal however directed the Respondent authority to sympathetically consider representation which she had already submitted within two months; but in absence of interim order being passed, the challenge to the transfer order and opportunity afforded to represent on medical grounds to be considered by competent authority will remain an empty formality and there will be no option except to comply with the transfer order, which in the present scenario is impractical for her.

(3.) WITH the observations (supra), writ petition stands disposed of. A copy of this order be sent to the Tribunal.