Gyanendra Prasad Rai v. State of U.P. Thru. Chief Secy. Lko and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8900 of 2023 Petitioner :- Gyanendra Prasad Rai Respondent :- State Of U.P. Thru. Chief Secy. Lko And 3 Others Counsel for Petitioner :- Manish Misra,Gaurav Upadhyay,Rajat Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 29th September, 2023, whereby petitioner has been transferred from one forest range to another in District-Varanasi.

¶3Learned counsel for the petitioner has raised various grounds for challenge of the impugned order, but at present restricts his submission to the fact that petitioner is suffering from cancer, for which he is undergoing treatment in concerned hospital in Varanasi itself, which is closer to his present place of posting rather than the place where he has been transferred.

¶4For the said grievance, petitioner wishes to submit representation before concerned authority with regard to his exemption from transfer considering his medical condition.

¶5Considering the innocuous prayer, without entering into merits, liberty is granted to petitioners to file representation against transfer order dated 29th September, 2023 before opposite party No.2, i.e., Additional Chief Secretary, Environment Forest & Climate Change Department within a period of 3 days from today. In case such a representation is filed within said period, the same shall be considered and decided sympathetically within a period of 10 days from the date of receipt.

¶6Till final decision on petitioner's representation, it is directed that petitioner shall not be compelled to join at the transferred place.

¶7With the aforesaid directions, the petition is disposed of. Order Date :- 9.11.2023 Ashutosh Pandey High Court of Judicature at Allahabad, Lucknow Bench