Court No. - 38
Case :- WRIT - A No. - 11272 of 2019 Petitioner :- Abhai Raj Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 29.6.2019, whereby petitioner has been transferred from Kaushambi to Sonbhadra on administrative ground.
The order is assailed on the ground that petitioner has suffered brain stroke in 2015 and is partially paralyzed and is receiving medical attention.
Petition is opposed by learned Standing Counsel.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. It is pointed out that petitioner is continuing at the same station for the last eight years. The medical report annexed shows that petitioner was advised bed rest for certain periods. It is otherwise not in dispute that petitioner has been regularly working since 2015 and is also received regular salary. In such circumstance if petitioner has been transferred from the present place of posting, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances, it is provided that in case petitioner joins at the transferred place forthwith, it would be open for him to represent his grievance against the order of transfer, highlighting his personal difficulties, before the authority competent within a week of his joining. In case petitioner does so, the authority concerned shall examine petitioner's grievance in terms of the transfer policy as well as exigency of work, by way of a reasoned order, within a further period of six weeks, thereafter.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 30.7.2019 Ashok Kr.