Court No. - 6 Case :- SERVICE SINGLE No. - 4373 of 2010 Petitioner :- Onkar Nath Pathak, Respondent :- State Of U.P., Thru. Prin. Secy., Home & Others Petitioner Counsel :- Rama Kant Dixit Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri Ramakant Dixit learned counsel for the petitioner and the
learned Standing Counsel for the opposite parties.
The petitioner has been transferred from Shrawasti to Gonda on
5.6.2009. The petitioner is a physically handicapped person.
Unfortunately he had broken his leg in a motorcycle accident. It has
been stated that he has lost six inches of his bone in the leg and he is
totally unable to move around normally. Medical certificates to this effect
has also been submitted. Although he was transferred on 5.6.2009 but
the authorities did not implement this order for about one year and now
by an order dated 3.6.2010 the petitioner is being sought to be sent to
Gonda. The petitioner has annexed a representation dated 5.6.2010 in
which he has detailed his problems which he is facing day to day and he
is struggling to do his duty and his daily routine. In this representation he
has even opted for voluntary retirement in case his transfer can not be
postponed or cancelled.
It is an experience of this court that normally no employee would make
such a request unless it is really impossible for him to carry out his daily
life in a normal way.
The learned Standing Counsel prays for and is granted four weeks’ time
to file counter affidavit in this matter. List thereafter.
Meanwhile the operation and implementation of the order dated
5.6.2009 as well as 3.6.2010 shall remain stayed.
Order Date :- 2.7.2010
Om.