Court No. - 16
Case :- WRIT - A No. - 8683 of 2018 Petitioner :- Anil Kumar Tyagi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Jitendra Nath Sharma Counsel for Respondent :- C.S.C.,Rohan Gupta Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Rohan Gupta for the respondent no. 2.
Petitioner is aggrieved by an order passed by the State Government on 3.1.2018, whereby petitioner has been reinstated in service and, simultaneously transferred to Basti Development Authority. The order is challenged on the ground that once the petitioner has been reinstated in service, there is no justification for the respondents to transfer him to such far of place.
Learned Standing Counsel points out that the petitioner is continuing since long at Meerut and in case he has been transferred from Meerut, to Basti, no exception could be taken to it.
Learned Counsel for the petitioner does not dispute the fact that the petitioner is continuing at Meerut since the year 2007. In such circumstances, if he has been transferred after nearly 10 years of his continuance in service at Meerut, no exception could be taken to it. The mere fact that the petitioner was under suspension since 2010, would not be of much avail. Petitioner holds a transferable post and transfer is an exigency of service. In such circumstances, no interference in the order dated 3.1.2018 is called for.
In the facts and circumstances of the case, it is provided that in case petitioner joins, pursuant to the order dated 3.1.2018 within a period of two weeks from today, he shall be at liberty to make a representation in respect of his grievance before the authority concerned. The authority concerned shall examine the representation in accordance with the applicable transfer policy and, in accordance with law, within a period of two months from the date of presentation of certified copy alongwith representation before the authority concerned.
Subject to the aforesaid observation, this petition stands disposed off.
Order Date :- 27.3.2018 n.u.