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Judgment
NAMIT KUMAR J. (Oral)
The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the order dated 08.04.2022 (Annexure P-6), passed by respondent No.3, vide which the petitioner has been transferred fourth time within a year of his appointment which is in violation of the rules, transfer policy and conditions of his appointment letter.
Learned counsel for the petitioner submits that since respondent No.4, who was transferred against the post on which the petitioner was posted, has already retired from service, on attaining the age of superannuation, on 30.09.2025, therefore, the petitioner is not claiming any relief against him. He further submits that since respondent No.4 was going to retire on 30.09.2025, the petitioner has submitted representation dated 16.09.2025 (Annexure P-8 with the replication) for his posting against the said post. However, no decision has been taken by the respondents-PSPCL on the said representation. He further submits that at this stage, the petitioner would be satisfied, if appropriate directions are issued to the respondents to consider and decide the said representation, by passing a speaking order, in a time bound manner.
Learned counsel for respondents No.1 to 3-PSPCL has no objection to the innocuous prayer made by learned counsel for the petitioner.
I have heard learned counsel for the parties and have gone through the record of the case.
Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.1 to consider and decide representation dated 16.09.2025 (Annexure P-8 with the replication) submitted by the petitioner expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioner, preferably within a period of 02 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to the petitioner.
