Saurabh Shyam Shamshery, J.

1. Shri Prabhakar Awasthi, learned counsel for petitioner submits that petitioner is aware of constrained in challenging the impugned transfer order whereby he is transferred from District Sonbhadra to Duddhi Sonbhadra which is 110 k.m. away. He further raised a sympathetic ground that petitioner is 40% disable and it would be difficult for him to go to a transferred place. On instructions, he prayed that petitioner may be posted nearby to the place where he is presently posted and he placed reliance of Clause 5(vi) of prevailing transfer policy in regard to transfer of a 'Divyang'.

2. Learned Standing Counsel, on instructions, submits that petitioner though relieved has not joined the transferred post. However, it is not disputed that case of petitioner could be considered in a sympathetic manner.

3. In view of above submission and considering the disability of petitioner, this writ petition stands disposed of that in case, the petitioner files a representation within 72 hours from today, the same shall be considered by respondents' authorities in a sympathetic manner within three days thereafter.

4. It is made clear that this Court has not entered into the merit of case and this order is passed considering that petitioner is a 'Divyang'. Respondents are at liberty to take a decision, in accordance with law, considering the prevailing transfer policy.

5. With the aforesaid direction, this writ petition stands disposed of.