Court No. - 58
Case :- WRIT - A No. - 17764 of 2018 Petitioner :- Akhilesh Kumar Dubey Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Prem Chand Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was appointed to the post of Gram Panchayat Adhikari. He has subsequently been promoted to the post of A.D.O. (Panchayat) on 1.8.2018. While promoting the petitioner, he has been transferred from Varanasi to Sitapur.
The order of transfer is assailed on the ground that petitioner has only about 8 months left to retire and in terms of the transfer policy dated 29.3.2018, petitioner ought not to have been transferred. Learned counsel for the petitioner states that there are various vacancies existing at Varanasi even on the promoted post.
Learned Standing Counsel points out that petitioner's transfer is consequent upon his promotion, and therefore, it would have to be verified as to whether any vacancy exists at Varanasi or not where petitioner could be adjusted.
Be that as it may, it would be appropriate to permit the petitioner to approach respondent no.2, by way of a representation, alongwith certified copy of this order, within two weeks from today. The claim of petitioner against the order of transfer shall be examined by the authority concerned, keeping in view the specific provision contained in clause 11(x) of the transfer policy dated 29.3.2018, within a further period of six weeks thereafter. The order of transfer dated 1.8.2018 shall be subject to the fresh order to be passed by the authority concerned. In case there exists any vacancy at Varanasi, petitioner would be allowed to continue on the promoted post, till a decision is taken.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 21.8.2018 Ashok Kr.