Shiv Kumar v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17117 of 2023 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Vikas Budhwar,J. Heard Sri Santosh Singh, learned counsel for the petitioner, Sri Santosh Kumar, the learned Standing Counsel, who appears for the first Respondent, Sri Pramod Kumar Singh (AOR No.0390 of 2012) holding brief of Sri Sunil Kumar Misra, who appears for Respondent Nos. 2 to 4. The case of the writ petitioner is that he was initially appointed as Driver in District-Akbarpur, Region-Faizabad on 05.05.2003 and on 30.06.2015, he was transferred to Allahabad. However, he met with an accident resulting to the fact that his eyesight became deteriorated so according to him, he is not in a position to ply the vehicle as a Driver. Prayer in the present petition is for a direction to the respondents to consider the claim of the petitioner for any other suitable post commensurate to the medical condition of the writ petitioner. Sri Santosh Kumar, learned Standing Counsel as well as Sri Pramod Kumar Singh (AOR No.0390 of 2012) holding brief of Sri Sunil Kumar Misra submit that the writ petitioner may represent his cause before the fourth respondent, Assistant Regional Manager, Leader Road Depot, Uttar Pradesh State Road Transport Corporation, District-Prayagraj. He further submits that they do not propose to file any response to the writ petition. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to approach the fourth respondent, along with a comprehensive representation accompanied with self-attested copy of the writ petition, who shall, on the receipt of the same, proceed to decide the same strictly in accordance with law within a period of two months from the date of production of certified copy of the order. Needless to point out that the writ petitioner has been decided without seeking any response from the respondents, thus passing of this order may not be construed to an expression that this Court has adjudicated the matter on merits. With the aforesaid observations the writ petition stands disposed off. Order Date :- 30.10.2023 N.S.Rathour High Court of Judicature at Allahabad