WP(C)/492/2014 of MD. AZIZUR RAHMAN Vs THE STATE OF A.P. on 23 December 2014

WP(C) 492/2014BEFORE

THE HON' BLE MR. JUSTICE M.R. PATHAHeard Mr. S. C. Biswas, learned counsel Tor the petitioner. Also heard Ms. GoterEte, Learned Government Advocate, appearing for State Respondents No. 1 to 4.

Tne petitioner, nereinbefore, 1S serving as an Upper Division Clerk(UDC) in theoffice of the Assistant Registrar Cooperative Societies(ARCS) at Seppa, since 2010

Vide impugned order dated 12.12.2014, the petitioner has been transferred to theestabdlisnment Brancn of tne office of the Deputy Commissioner, East Kameng Disrict, Seppa, vice one Sri L. Sana, UDC.

Tne petitioner has contended tnat ne is suffering Trom heart ailment and had undergone neart surgery at AIIMS, New Delhi, on 06.03.2010. To that extent, petitioner nas annexed the Discharge Summary issued by the ALIMS authority in nis Tfavo|

Tne petitioner has further submitted ne has Tiled a representation before the Deputy Commissioner, East Kameng District, Seppa, on 16.12.2014, with a prayer tocancel the transfer order dated 12.12.2014 and requested him to any other officewhere ne need not climb the staircase to reach his ofttice.

Tne petitioner has also contended that the impugned order dated 12.12.2014 has not been given effect to titl date and he 1s still serving in the office of the ARCS at Seppa. He has atso contended tnat tne said representation is yet to be consiagered and disposed of by the Deputy Commissioner, East Kameng District, Sepp After hearing the Learned counsel appearing Tor the parties today, this writ petition 1S disposed of at the motion stage itself, witn tne direction to the Respondent No. 3 viz. Deputy Commissioner, East Kameng District, Seppa, to consider and dispose of the representation dated 16.12.2014 on or before 31st of January,2015, witn a reasoned order and the outcome of the same, shall be communicated to tne petitioner, fortnwitn.

Tne petitioner snall, positively, furnish a certified copy of this order along witn a copy of the instant writ petition and the Annexures appended thereto witntnis writ petition, before the Deputy Commissioner, East Kameng District, Seppa,on or before 30th of December, 2014, failing which the Deputy Commissioner concerned need not comply with the directions as given by tnis Court today in the foregoing paragrapn.

In the event of filing of certified copy of this order along witn a copy of theinstant writ petition, on or before 30.12.2014, by the present petitioner, tne.impugned transfer order dated 12.12.2014 snatl not be given effect to by the autnorities concerned tilt daisposat of the above quoted representation dated 16.12AQ14.