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Mahendra Kumar Srivastava v. State Of U.P. Thru' Secretary Of Edu.(Secondary) And Others - WRIT - A No. 3049 of 2006 [2006] RD-AH 1120 (17 January 2006)


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Petitioner who is alleged to be suffering from Cancer was transferred under an order dated 15.6.2005 from Pilibhit to Kanpur.  Under the said order it was provided that the transfer order would take effect from 31.12.2005 inasmuch as vacancy of the post on which the petitioner has been transferred was to be caused due to retirement of the incumbent working namely Ramakant Shukla only on 31.12.2005.  The transfer order was issued having regard to the ailment suffered by the petitioner and in view of the fact that the petitioner would be able to obtain treatment at Kanpur Nagar.

However before the said order of transfer could be given effect to the Director of Education, Uttar Pradesh, Allahabad (Madhyamic) has issued an order dated 21.12.2005 whereunder it has been provided that the petitioner would be transferred to the post of District Inspector of Schools, Kanpur Dehat while one Shri Jagdish Lal who was working in the office of District Inspector of Schools, Kanpur Dehat shall stand transferred to the office of the District Inspector of Schools, Kanpur Nagar.  It is fairly stated by the counsel for the petitioner that Shri Jagdish Lal has already joined as Accountant in the office of District Inspector of Schools, Kanpur Nagar in pursuance of the order dated 21.12.2005.

In the opinion of the Court having regard to the ailment suffered by the petitioner as well as keeping in mind the medical facility for treatment of the petitioner available at Kanpur, in normal circumstances the petitioner should have been permitted to work in the office at Kanpur Nagar.  However such issue require consideration by the authorities themselves at the first instance and, therefore, it would be in the interest of justice to permit the petitioner to make a representation ventilating all his grievances before Respondent no. 1 within two weeks along with certified copy of this order supported by such medical certificates and documents as he may be advised.

On such a representation being made Respondent no. 1 shall call for the records and if necessary after hearing Shri Jagdish Lal pass a reasoned speaking order, preferably within four weeks from the date the representation is so made. It is further provided that in the meantime petitioner may submit his joining report in the office of the District Inspector of Schools, Kanpur Dehat.  However such joining of the petitioner will not prejudice any of his right to be claimed in his representation referred to above.

Writ petition stands disposed of.

Dated: 17.1.2006



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