Court No. - 38 Case :- WRIT - A No. - 44373 of 2010 Petitioner :- Smt. Kusum Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- B. D. Sharma Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner was appointed as Constable under the Dying in Harness Rules in
lieu of death of her husband. At present, petitioner is working in G.R.P.,
Moradabad. Now, by order dated 30.04.2010, she has been transferred to
Civil Police. The apprehension of the petitioner is that she may be posted in
some remote area, being a lady having a marriageable daughter, it is very
difficult for petitioner to remain in villages or in remote areas. Petitioner
submits that this fact is known to the respondent, as earlier when the
appointment was made a request to that effect was made by the petitioner.
Further submission has been made by the petitioner that she has submitted a
representation to this effect stating all the grievances, but respondents have
not taken into consideration the same uptil date.
I have considered the submissions of learned counsel for the petitioner and
perused the record. As it is a case of transfer, therefore, normally this Court
does not interfere, but in the facts and circumstances of the present case, as
the petitioner is a lady, it will be appropriate that a liberty be given to submit a
detailed and comprehensive representation before respondent No.2 within a
period of two weeks. If such representation is filed, the same may be
considered according to law by a speaking and reasoned order within a period
of six weeks, thereafter. As it is an order of transfer dated 30.04.2010,
therefore, in case the petitioner has not been relieved, she will not be relieved
till the decision is taken upon the representation filed by her.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 30.7.2010
NS