Court No. - 38 Case :- WRIT - A No. - 38576 of 2010 Petitioner :- Smt. Sushila Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Dharmendra Dhar Dubey Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order dated 13th May, 2010 by
which the petitioner, who is working as a health worker has been
transferred from one Primary Health Centre, Kuwandanda to
another Primary Health Centre, Shergarh on administrative
ground. The petitioner in the present writ petition has raised
various points.
In my opinion, all these questions raised by the petitioner in the
present writ petition regarding functioning and working of the
respondents cannot be considered by this Court while exercising
its power under article 226 of the Constitution of India. As it is a
case of transfer and it is settled law that transfer is an exigency of
service, therefore, normally this Court does not interfere, but
considering the facts and circumstances of the present case as
petitioner is a lady, therefore, an opportunity is given to the
petitioner to approach the Competent Authority i.e. respondent No.
2 to consider the grievances of the petitioner. In case the petitioner
submits a representation annexing all the relevant documents
within a period of three weeks from today and such representation
is filed, the respondent No. 2 is directed to consider the same
strictly in accordance with law after recording reasons within a
period of six weeks thereafter.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 6.7.2010
Sazia