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2025 DAILYLAW 113226 (ALL)

MANISH KUMAR SHAH v. STATE OF U.P. AND 3 OTHERS

WRIA/20770/2024 · 2025-02-13

Ajay Bhanot

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:21749 Court No. - 5 Case :- WRIT - A No. - 20770 of 2024 Petitioner :- Manish Kumar Shah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Mishra,Ram Prakash Pandey Counsel for Respondent :- C.S.C.,Shishir Prakash Hon'ble Ajay Bhanot,J. Heard Shri Ram Prakash Pandey, learned counsel for the petitioner, learned Standing Counsel for the State- respondent No. 1 and Shri Shad Khan, learned counsel for the respondents No. 2 to 4. The petitioner claims that he is suffering from rare kidney disease and he is unable to discharge shift duties. He has made a representation for assignment of alternative duties but to no avail. Learned Standing Counsel for the State-respondent No. 1 and Shri Shad Khan, learned counsel for the respondents No. 2 to 4 submit that the matter requires factual determination of germane issues and application of relevant service rules and orders holding the field. However, they fairly contend that the grievance of the petitioner is liable to be decided by the competent authority in a reasonable time frame. In the wake of preceding discussions and without going into the merits of the case, the respondent No.2-Chief General Manager, Harduaganj, Thermal Power Station, U.P. Rajya Vidyut Utpadan Nigam Ltd., Kasimpur, District Aligarh is directed to decide the representation of the petitioner regarding shift duty, preferably, within a period of four months as per law from the date of receipt of a certified copy of this order along with a fresh copy of the representation. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 14.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad