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Judgment
11 paragraphs · 373 wordsB.S. Verma, J.—Heard learned Counsel of the parties and perused the record.
Rejoinder affidavit filed against the counter affidavit filed by respondent No. 3, be taken on record.
By means of this writ petition, petitioner has sought following reliefs:
Issue a writ order or direction in the nature of certiorari to quash the transfer order of petitioner dated 5-7-2010 by which the petitioner has been transferred from the office of Chief Medical Officer, Haridwar, District Haridwar to the office of Chief Medical Officer, Uttarkashi, District Uttarkashi.
Issue a writ order direction in the nature of mandamus directing the respondents not to transfer petitioner from the office of Chief Medical Officer, Haridwar, District Haridwar to the office of Chief Medical Officer, Uttarkashi, District Uttarkashi.
Pass any order or direction, which this Hon''ble Court may deem fit and proper under the circumstances of the case.
Award the cost of the petition to the petitioner.
According to the petitioner brief facts of the case are that petitioner has two children, one daughter aged about 8 years, studying in class IIIrd in D.P.S. BHEL, Haridwar and one son aged about 1? years, living with the petitioner and the wife of the petitioner is pregnant. The grievance of the petitioner is that he has been transferred in mid academic session. Averment to this effect is in para-10 and 11 of the petition.
It is further stated in para-16 of the petition that the petitioner has also moved a representation and the same is pending before respondent No. 2, which may be considered sympathetically.
It is not disputed that transfer has been made on the administrative ground but the same has been challenged on the family circumstances. In view of the averments made in the petition, the petitioner is given liberty to make a fresh representation to respondent No. 2 within a period of one week which shall be decided thereafter within a period of two weeks from the date of presentation of such representation before respondent No. 2, considering the family problems of the petitioner by a speaking and reasoned order. The writ petition is disposed of with the above direction.
All pending applications also stand disposed of.