High Court of Judicature at Allahabad
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Dr. Anoop Kumar Mishra v. State Of U.P. And Others - WRIT - A No. 53352 of 2005  RD-AH 3490 (24 September 2005)
Hon'ble Amitava Lala, J.
Hon'ble Prakash Krishna, J.
The contention of the writ petitioner is that as because he has handicapped child, his transfer can not be made pursuant to the Government Order dated 12th May, 2005. On the other hand, we find that he is working at a place from 1997 onwards. According to us, the condition as available in the Government Order can be considered sympathetically but that does not necessarily mean that one will be placed at a place indefinitely. In such circumstances, when we find transfer is a part of the service, we direct that the petitioner will join the transferred post within a week from this date and subject to joining his representation will be considered by the authority concerned as per the Government Order dated 12th May, 2005 by giving fullest opportunity of hearing and by passing a reasoned order thereon within a period of two months from the date of his joining. For the purpose of effective adjudication a copy of the writ petition and its annexures can be treated as part and parcel of the representation. Thus, the writ petition stands disposed of.
However, no order is passed as to costs.
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