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2025 DAILYLAW 76357 (ALL)

DEEPAK KUMAR SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/9940/2025 · 2025-07-20

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117801 Court No. - 4 Case :- WRIT - A No. - 9940 of 2025 Petitioner :- Deepak Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kanchan Sharma,Prashant Vyas Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has assailed the order of transfer dated 15.06.2025 on the ground that the petitioner since is already suffering from severe disease of cancer on account of there being brain tumor and currently undergoing treatment at Gautam Buddh Nagar, hence he may be permitted to continue atleast till the period he undergoes treatment. 3. It is further submitted that the petitioner is suffering from 40 percent physical disability for which Government Order by way of transfer policy dated 06.05.2025 prescribes retention of such employees at the station where they are currently posted. 4. Learned Standing Counsel has sought to defend the transfer order being general in nature but he is not averse to the petitioner's representation being decided in accordance with law. 5. In view of the above, I consider it appropriate to direct the petitioner to make a fresh comprehensive representation to the competent authority, namely, respondent no.4 through proper channel through respondent no.3 annexing therewith all the relevant material including the medical report and disability certificate within a period of four weeks and if he does so, the respondent concerned shall be deciding representation of the petitioner by retaining him at Gautam Buddh Nagar by means of reasoned and speaking order within a further period of two months. 6. Until the decision is taken by the authority concerned, the petitioner shall not be relieved pursuant to the transfer order dated 15.06.2025 and even if he has already been relieved, he shall be retained at Gautam Buddh Nagar and shall be paid salary. 7. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 21.7.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad