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Mansoor Alam v. State Of U.P. & Others - WRIT - A No. 14103 of 2007 [2007] RD-AH 5484 (28 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner as well as learned Standing  counsel for the respondents. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

By means of the impugned order dated 29.1.2007 passed by Director, Panchayat Raj, U.P. Lucknow, Respondent no.2,  the petitioner has been promoted from the post of Gram Panchayat Adhikari to Assistant Development Officer and has also been transferred from Sahebganj, Chandauli to Mau. The petitioner contends that since he is on the verge of retirement, he would be inclined to forego his promotion provided he is retained as Gram Panchayat Adhikari at Sahebganj, Chandauli because his wife is seriously ill and it would be very inconvenient for him to go on transfer to another district at the fag end of his career.

On 15.3.2007 the learned Standing Counsel was granted time to obtain instructions in this regard.

Today learned Standing counsel has submitted that in case if the petitioner files an application before the Respondent no.2, the same shall be sympathetically considered by the said respondent.

Considering the facts and circumstances of this case and keeping in view that the petitioner is prepared to forego his promotion on the condition that he may not be transferred out at the fag end of his career, this writ petition is disposed of with the direction that in case if, with regard to his grievances made in this writ petition, the petitioner files a comprehensive representation before the Director, Panchayat Raj, U.P. Lucknow, Respondent no.2 within two weeks from today, along with a certified copy of this order, the same shall be sympathetically considered by the said respondent, in accordance with law, by a speaking order expeditiously, preferably within a period of one month from the date of filing of the same. It is further provided that till such decision is taken on the representation of the petitioner, the operation of the impugned order dated 17.2.2007 with regard to the promotion and transfer of the petitioner shall remain in abeyance.

With the aforesaid observation/direction, this writ petition is disposed of. No order as to cost.

dt. 28.3.2007


w.p. 14103.07


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