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Dr. Awadhesh Kumar Vyas v. State Of U.P. & Another - WRIT - A No. 64680 of 2005 [2005] RD-AH 4250 (17 October 2005)


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Court no. 34

Civil Misc. Writ Petition no. 64680 of 2005

Dr. Awadesh Kumar Vyas vs. State of U.P. and another

Hon'ble B.S. Chauhan, J.

Hon'ble Bharati Sapru, J.

This writ petition has been filed against the impugned transfer order dated 19.9.2005 passed by the respondent no. 1, by which he stood transferred from Jalaun to Jhansi.

We are very much aware of the legal position that courts should not interfere against the transfer order but it is a case where the petitioner is going to reach the age of superannuation in March, 2006 and his grievance is only that his transfer at the verge of retirement would cause serious problems to the petitioner and his family members. Therefore the impugned transfer order dated 19.9.2005 (Annexure 1 to the writ petition) is liable to be quashed.

Learned standing counsel has submitted that this matter is to be considered by the competent authority and in case the petitioner makes a representation, it shall be considered and decided in accordance with law. Although he has admitted that transfer policy provides that no Government servant should be transferred at the verge of retirement, an opportunity should be given to the State authorities to examine the case of the petitioner afresh.

In view of the above, we dispose of the writ petition with direction that in case a representation is filed by the petitioner ventilating all his grievances and highlighting the facts that the petitioner is retiring in March, 2006, the same shall be considered and decided within a period of ten weeks from the date of filing of representation by the petitioner, which he will file within a period of three weeks from today. However while deciding the said representation, the State authorities must keep in mind the transfer policy for not transferring any Government servant at the verge of his retirement. Till the representation of the petitioner is decided, the impugned order shall remain stayed so far as it relates to the petitioner.  

The writ petition is, accordingly, disposed of.

Dated  17.10.2005



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