Court No. - 33
Case :- WRIT - A No. - 9926 of 2021 Petitioner :- Alok Ranjan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Ashok Khare Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order of transfer dated 12th July, 2021; whereby petitioner has been transferred from Prayagraj to Ghazipur. The order is assailed on the ground that petitioner is suffering from serious ailments and that the Deputy Labour Commissioner has also made a recommendation not for transferring the petitioner in view of his physical condition.
Learned Senior Counsel for the petitioner has referred to certain documents in order to show that petitioner's ailment is serious in nature and he would suffer gravely if he is allowed to transfer.
Petition is opposed by learned Standing Counsel, who points out that petitioner has already completed 13 years 6 months in Prayagraj Region which is much beyond the permissible length of stay allowed in the transfer policy.
Admittedly petitioner holds a transferable post and transfer is an incidence of service. Petitioner has already completed more than requisite length of service permissible in a region as per transfer policy. There is neither any violation of law, nor any malafide is established. In such circumstances, no interference with the order of transfer is called for.
However, in the facts of the present case, it is provided that in the event petitioner joins pursuant to order of transfer, he shall be at liberty to make a representation indicating his difficulties and it goes without saying that such representation of the petitioner shall be dealt with sympathetically by the concerned authority and an appropriate order would be passed within a further period of six weeks.
Subject to the above observations, this writ petition is consigned to records.
Order Date :- 19.8.2021 Ranjeet Sahu