Gyanendra Singh v. The Chief Managing Director , Rashtriya Ispat Nigam Ltd. , Vishakhapatnam and Others

Court No. - 1 Case :- SPECIAL APPEAL No. - 527 of 2023 Appellant :- Gyanendra Singh Respondent :- The Chief Managing Director , Rashtriya Ispat Nigam Ltd. , Vishakhapatnam And Others Counsel for Appellant :- Indrajeet Shukla,Sanjay Kumar Singh Counsel for Respondent :- Manish Jauhari Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Shri Indrajeet Shukla, learned Counsel for the appellant and Shri Manish Jauhari, learned Counsel for the respondents.

¶2The writ petition filed against the order of transfer was dismissed vide order dated 19.04.2023 as well as the review application arising therefrom by order dated 11.10.2023.

¶4On an overall consideration of the judgments impugned, we gather that Office Memorandums dated 10.05.1999, 13.03.2002 and 31.03.2014 make a provision for consideration of representation by the employees concerned against an order of transfer if they are faced with the exceptional circumstances. The appellant-petitioner claims to be differently abled.

¶5In these circumstances, the representation preferred by the appellant before the authority concerned on 22.10.2023 is hereby directed to be decided by the authority concerned expeditiously and preferably within a period of two weeks from the date of production of a copy of this order.

¶6Needless to say that the representation so made shall be considered sympathetically and having regard to the disability, if any, pleaded by the appellant.

¶7The joining of the appellant in the meantime, if any, shall also abide by the outcome of the representation made.

¶8With the aforesaid clarification, the instant special appeal stands disposed of. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 22.11.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench