Court No. - 36
Case :- WRIT - A No. - 8397 of 2021 Petitioner :- Akhilesh Kumar Gaur Respondent :- State of U.P. and Another Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Ms. Tanisha Jahangir Monir, learned counsel for the petitioner and Shri Suryabhan Singh, learned Standing Counsel for both the respondents.
The petitioner is before this Court questioning the validity of the transfer order dated 15.7.2021 passed by the first respondent/Additional Secretary, Irrigation & Water Resources Department, U.P. at Lucknow. Further request is made to issue direction to the first respondent to decide his representation dated 06.7.2021 as per notification dated 29.3.2018.
Learned counsel for the petitioner submits that the petitioner is serving as Superintending Engineer in Irrigation & Water Resources Department at Varanasi. He has hardly one year and six months' left to retire on 31.12.2022 after attaining the age of superannuation. By the impugned order dated 15.7.2021, the petitioner has been transferred from Varanasi to Meerut. It is submitted that there is neither any complaint against the petitioner nor administrative ground whatsoever to warrant his transfer before his retirement. Unless there are compelling reasons, ordinarily an employee should not be disturbed from the place of his posting, when he is on the verge of retirement. She has placed reliance on the notification dated 29.3.20218, which provides that in case of employees, who are about to attain the age of superannuation within two years, the department must consider their request for transfer to their desired district. Against the aforesaid impugned transfer order the petitioner has moved a representation dated 06.7.2021 before the second respondent, which is still pending and as such, this Court should come for rescue and reprieve the petitioner.
The Court has occasion to peruse the impugned order of transfer as well as the notification dated 29.3.2018, which specifically stipulates in paragraph-11 (x) that in case of employees, who are about to attain the age of superannuation within two years, the department must consider their request for transfer to their desired district. Since, the petitioner is going to retire on 31.12.2022 after attaining the age of superannuation, the indulgence is liable to be accorded in favour of the petitioner.
In the aforesaid facts and circumstances, this Court is of the considered opinion that in case the petitioner has not been relieved till today, he would have liberty to file an appropriate representation alongwith a copy of this order before the competent authority i.e. respondent no.2 within a week's time from today, ventilating his grievance. In case such a representation is moved within the time stipulated by this Court, then the same may be decided in accordance with law, preferably within next three weeks. For a period of four weeks' from today or till disposal of his representation, whichever is earlier, the impugned transfer order shall be kept in abeyance.
With the above observations/directions, present writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 RKP