HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 17420 of 2018
Petitioner :- Abhilash Kumar Dubey & Another
Respondent :- State Of U.P. Thru. Prin. Secy., Ayush Deptt. & Others
Counsel for Petitioner :- Lalendra Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioners and Sri P.K. Singh, learned Additional Chief Standing Counsel appearing for the State-respondents.
With the consent of learned counsel for the parties, this petition is being finally disposed of.
By means of the present writ petition, the petitioners have prayed for a direction to be issued to respondent no.2 to allow their mutual transfer with regard to petitioner no.1 from Government Ayurvedic Hospital Gaura Badshahpur District Jaunpur to Government Ayurvedic Hospital, Devgoan, District Azamgarh and with regard to petitioner no.2 from Government Ayurvedic Hospital, Devgoan, District Azamgarh to Government Ayurvedic Hospital Gaura Badshahpur District Jaunpur, for which both the petitioners have agreed.
The case set forth by the petitioners is that petitioner no.2 is physically handicapped and is presently posted at Government Ayurvedic Hospital, Devgoan, District Azamgarh. In support of his contention, petitioner no.2 has annexed certificate showing that he is physically handicapped as Annexure-4 to the writ petition. Both the petitioners have agreed for mutual transfer and have represented to the department. The said representation has been forwarded by the Regional Ayurvedic and Unani Officer, District Jaunpur, vide his recommendation dated 15.05.2018 the endorsement of which finds place at Annexure-3 to the writ petition.
The contention of learned counsel for the petitioners is that despite specific recommendation by respondent no.3 for mutual transfer of the petitioners, the competent authority namely the Director, Ayurvedic Services, U.P., Lucknow, has not taken any final decision on the same.
Upon filing of this petition, this Court vide order dated 05.06.2018 had required learned counsel for the respondents to seek instructions in the matter. Today, Sri P.K. Singh, learned Additional Chief Standing Counsel, informs the Court that despite sending a letter, no instructions have been made available.
Learned counsel for the petitioners submits that once there is specific recommendation by respondent no.3 recommending the case of the petitioners for mutual transfer, the fact that petitioner no.2 is physically handicapped and that once both the petitioners have agreed for mutual transfer, consequently there should not be any impediment to respondent no.2 acceding to the said request more particularly when on account of said mutual transfer there would not be any interruption in the services being rendered by both the petitioners.
Consequently, keeping in view the aforesaid facts and circumstances of the case, the writ petition is finally disposed of with a direction to respondent no.2 to consider the request of the petitioners for their mutual transfer as recommended by respondent no.3 vide his recommendation dated 15.05.2018, copy of which is Annexure-3 to the writ petition, within a period of three weeks from the date a certified copy of this order is produced before him.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 20.7.2018
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