/11259/2024 of AKHILESH KUMAR PNO. 13694442-M v. UNION OF INDIA THRU. SECY. MINISTRY DEFENCE GOVT. NEW DELHI AND 4 OTHERS
Court: Allahabad High Court
Bench: ALOK MATHUR
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-11-29. /11259/2024 of AKHILESH KUMAR PNO. 13694442-M v. UNION OF INDIA THRU. SECY. MINISTRY DEFENCE GOVT. NEW DELHI...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:79157 Court No. - 6 Case :- WRIT - A No. - 11259 of 2024 Petitioner :- Akhilesh Kumar Pno. 13694442-M Respondent :- Union Of India Thru. Secy. Ministry Defence Govt. New Delhi And 4 Others Counsel for Petitioner :- Kamal Kumar Singh,Ved Prakash Pandey Counsel for Respondent :- A. S. G. I. Hon'ble Alok Mathur,J. (Order on Amendment application) 1. Heard Sri Kamal Kumar Singh, Sri Ved Prakash Pandey, learned counsel for petitioner as well as Sri S. B. Pandey, learned Dy. Solicitor General of India assisted by Sri Varun Pandey, learned counsel appearing on behalf of Union of India. 2. Learned counsel for petitioner presses the application for amendment. 3. In view of the facts stated in the affidavit accompanied along with application for amendment, the application is allowed. 4. Let necessary amendment be made in the memo of writ petition during course of the day. (Order on writ petition) 1.
Heard Sri Kamal Kumar Singh, Sri Ved Prakash Pandey, learned counsel for petitioner as well as Sri S. B. Pandey, learned Dy. Solicitor General of India assisted by Sri Varun Pandey, learned counsel appearing on behalf of Union of India. 2. It has been submitted by learned counsel for petitioner that petitioner is presently posted at 154 DSC Platoon Central Command, Lucknow since 04. 04. 2022 on compassionate ground as he has lost his wife and daughter in a road accident in 2021 at Nagpur. 3. It has been stated that petitioner has one daughter and son surviving who are aged 16 and 6 years and there is no one to look after the welfare of his children except his aged father who is living with the petitioner. 4. As the petitioner belongs to Pratapgarh which is close to the Lucknow, he states that respondents should be directed to sympathetically consider the family situation of the petitioner and duly modify the transfer order. 5.
After arguing the matter at some length, learned counsel for petitioner submits that the grievance of the petitioner shall be substantially redressed in case respondent No. 3 is directed to consider the representation of the petitioner. 6. He further submits that OIC DSC, Pl Headquarter Central Command had forwarded the representation of the petitioner dated 29. 01. 2024 which has been annexed as Annexure No. A- 3 to the writ petiton to respondent nos. 3 & 4 which is still pending consideration. 7. Accordingly, the writ petition is disposed of with a direction to respondent No. 3 to consider and decide the representation of the petitioner as contained in Anenxure No. A-3 to the writ petitoin which has been forwarded on 26. 09. 2024, expeditiously, say, within a period of three weeks from the date a certified copy of this order is produced before him in accordingly with law and communicate the decision to the petitioner. 8.
In case the petitioner has not been relieved and Part-2 order has not been issued, the petitioner shall be allowed to continue in Lucknow till the decision is taken by the appropriate authority as directed by this Court. (Alok Mathur, J. ) Order Date :- 29. 11. 2024 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench
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