ONKAR NATH SHUKLA Vs. STATE OF U.P. THRU ADDL. CHIEF SECY. SOCIAL WELFARE LKO.
LAWS(ALL)-2019-8-297
HIGH COURT OF ALLAHABAD
Decided on August 13,2019

Onkar Nath Shukla Appellant
VERSUS
State Of U.P. Thru Addl. Chief Secy. Social Welfare Lko. Respondents

JUDGEMENT

Rajesh Singh Chauhan, J. - (1.) This Court has passed order dated 11.7.2019 as under : "Heard Sri Upendra Nath Mishra, learned Senior Advocate assisted by Sri Neel Kamal MIshra, Advocate for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents. As to whether the notice to opposite party No.4 would be issued, shall be considered on the next date.
(2.) By means of this writ petition, the petitioner has assailed the validity of order dated 28.06.2019 passed by the opposite party No.1 whereby the petitioner has been transferred from Sparsh Male Government Blind Inter College, Lucknow to Sparsh Male Government Bline Inter College, Gorakhpur and as per learned counsel for the petitioner despite the fact that the petitioner was transferred to Lucknow from Meerut only on 31.05.2018, just a year before, on the ground of his critical medical ailment of Thalamic Syndrome, which was identified and confirmed by a Medical Board dated 08.09.2017 constituted by order dated 11.08.2017 passed by the Director, Divyangjan Sashktikaran Vibhag, the opposite party No.2 and only thereafter the petitioner was posted at Lucknow on 31.05.2018. The petitioner has also assailed the validity of consequential relieving order dated 03.07.2019 passed by the opposite party No.3, which was received by the petitioner on 05.07.2019, whereby the petitioner has been immediately relieved from the charge of Principal, Sparsh Male Government Blind Inter College, Lucknow in an ex-parte manner. Both the orders are annexed as Annexure Nos.1 and 2 respectively to the writ petition. Sri Mishra has filed the supplementary affidavit today in the Court, the same is taken on record. Along with the aforesaid supplementary affidavit, the petitioner has annexed his detailed representation dated 01.07.2019 as Annexure No.SA-1 as well as order dated 10.07.2019 issued by the Director of Divyangjan Sashaktikaran Vibhag, U.P., Lucknow addressing to the petitioner to appear before the Medical Board on 11.07.2019. Learned counsel for the petitioner has submitted that in compliance of the aforesaid order dated 10.07.2019, the petitioner is going to appear before the Medical Board on 11.07.2019.
(3.) Since the petitioner was transferred to Lucknow on 31.05.2018 on peculiar medical grounds and in compliance of order dated 10.07.2019, the petitioner is again going to appear before the Medical Board on 11.07.2019, the report thereof might come within a week, therefore, learned counsel for the petitioner has submitted that till the medical report comes pursuant to the letter dated 10.07.2019, no coercive action be taken against the petitioner considering his peculiar medical reasons. The petitioner has explained his medical conditions in para-5 of the writ petition, which is being reproduced here-in-below:- "5. That as per medical literature, Dejerine-Roussy or thalamic pain syndrome is a condition developed after a thalamic stroke, a stroke causing damage to the thalamus, Ischemic strokes and hemorrhagic strokes can cause lesioning in the thalamus. Individuals with emerging Dejerine-Roussy syndrome usually report that they are experiencing unusual plain or sensitivity that can be allodynic in nature or triggered by seemingly unrelated stimuli (sounds, tastes). Symptoms are typically lateralized and may include vision loss or loss of balance (position sense). ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.