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Daya Ram Swarnkar v. Dakshinanchal Vidyut Vitran Nigam Ltd. Thru' M.D. And Ors. - WRIT - A No. 5222 of 2006  RD-AH 2086 (27 January 2006)
Hon'ble Rakesh Tiwari,J.
Heard counsel for the parties and perused the record.
The petitioner is posted as Junior Engineer, 33 K.V. Sub Station, Bewar, district Mainpuri. He was elected as the President of Mandal Committee of Rajya Vidyut Parishad Junior Engineers Sangathan, Uttar Pradesh.
The order of transfer is assailed on the following three grounds:-
(i) The petitioner is under medical treatment as he suffered massive cardiac arrest and is unable to perform his duties since 24.3.2005 and 10.8.2005;
(ii) The impugned order of transfer dated 1.7.2005 is in gross violation of the Annual transfer policy promulgated by the State Government; and
(iii) The respondents-Corporation has cancelled the order of transfer of similarly situated persons of the office bearers of the recognized association namely, Sri Ashok Kumar Singh, Sri Shyam Mohan Mishra, Sri D.K.Agarwal and Sri R.K. Jauhari vide order dated 16.12.2005 which has been appended as Annexure-7 to the writ petition on the ground that the transfer of these officials are against the transfer policy.
It appears from the averments made in the writ petition that the petitioner came to know on 1.7.2005 that he is being transferred from Mainpuri to District Kannauj. It also appears from the records that the petitioner had also earlier suffered massive cardiac arrest on 24.5.2005 and had been hospitalized for more than a fortnight.
It is stated that the petitioner is still under medical treatment and is unable to perform his duties but he is being forced to join duty by the respondents.
The counsel appearing for the respondents submits that the order of transfer of the petitioner has been approved by the High Level Independent Committee constituted by Hon'ble Supreme Court under the interim order dated 24.2.2005 in Writ (Civil) No. 97 of 1997, Suresh Chandra Sharma Vs. Chairman, U.P. State Electricity Board and others.
It appears that the papers regarding medical treatment of the petitioner have not been placed before the High Level Independent Committee and it has also not been apprised that the respondents by order dated 16.5.2005 has cancelled the order of transfer of the office bearers of recognized association which is evident from Annexure-7 to the writ petition.
In the circumstances, the petitioner is still under medical treatment, he shall not be forced to join at his transferred place of posting i.e. Kannauj for a period of one month from today. In the mean time, representation dated 12.8.2005 appended as Annexure-6 to the writ petition shall be decided by respondent no.2 within the aforesaid period of one month.
With the aforesaid directions, the petition is disposed of finally.
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