ORAL ORDER
1. Heard learned advocates for the parties.
2. The challenge in this petition is to the communication dated 20.12.2020 passed by the State by which the application of the petitioner who is the wife of an ailing husband staying at Gandhinagar has been rejected on the ground that as per the policy of 25.10.2019 a transfer for medical purpose can be only to the nearest place of posting considering administrative aspects.
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3. Mr. Bhavesh Patel, learned advocate appearing for the petitioner would submit that the petitioner has a genuine case of her transfer to Gandhinagar as the petitioner's husband is an HIV patient since 2012, undertaking treatment and her presence at Gandhinagar is necessary. He would rely on the new policy dated 01.04.2022 particularly Chapter O thereof which is in context of transfers in case of medical contingencies.
4. In light of the new policy dated 01.04.2022, clause O thereof in particular, in the even the petitioner makes an application to the respondents within two weeks from today, the respondent shall consider the same in light of the said resolution within four weeks from the date of receipt of such representation. Petition is disposed of with the above direction. Direct service is permitted.
(BIREN VAISHNAV, J)
DIVYA
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