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2021 DIGILAW 407 (UTT)

Praveen v. State of Uttarakhand

2021-09-27

ALOK KUMAR VERMA, RAGHVENDRA SINGH CHAUHAN

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JUDGMENT : Raghvendra Singh Chauhan, J. The petitioner has raised a very limited prayer before this Court, namely, that his representation dated 17.09.2021, addressed to the Chief Engineer and the HOD, P.W.D., Dehradun, should be considered by the Secretary, P.W.D. as expeditiously as possible. 2. Mr. Sandeep Kothari, the learned counsel for the petitioner, submits that by order dated 17.09.2021, the petitioner has been promoted to the post of Assistant Engineer (Civil) in the Pay Scale of Rs. 56100-209200, Pay Matrix Level-10. However, the petitioner is being posted to a remote area. The petitioner has already undergone angioplasty. Therefore, he is a cardiac patient. In case the petitioner is compelled to work in a remote area, it may certainly jeopardize his life. For, at the present place of posting, namely, Temporary Division, Public Works Department, Thatyud, District-Tehri Garhwal, the health care infrastructure is extremely poor. Therefore, the petitioner has filed a representation dated 17.09.2021 before the Chief Engineer and the HOD of the Public Works Department. However, so far, the said representation has not elicited any reaction. 3. According to the learned counsel for the petitioner, the said representation, in fact, has to be routed through the Head of the Department to the Secretary, Public Works Department. Therefore, he prays that the said representation should be considered sympathetically, and the transfer order dated 17.09.2021 should be modified by posting the petitioner to a place, where there would be sufficient and necessary medical facilities considering his cardiac ailment. 4. On the other hand, Mr. B.S. Parihar, the learned Standing Counsel for the State of Uttarakhand, submits that the representation of the petitioner would be considered within a reasonable time as specified by this Court. 5. Therefore, this writ petition is disposed of by directing the respondent No. 1 to consider the said representation of the petitioner within a period of two weeks from today by giving an opportunity of hearing and to pass a reasoned order. In case the petitioner is aggrieved by the reasoned order, so passed, he shall be free to challenge the same. Meanwhile, the operation of the order dated 17.09.2021 is stayed till the decision on the representation of the petitioner. 6. Let a certified copy of this order be issued to the parties, on payment of the prescribed charges, today itself. 7. In sequel thereto, pending application, if any, also stands disposed of. 8. Meanwhile, the operation of the order dated 17.09.2021 is stayed till the decision on the representation of the petitioner. 6. Let a certified copy of this order be issued to the parties, on payment of the prescribed charges, today itself. 7. In sequel thereto, pending application, if any, also stands disposed of. 8. No order as to costs.