Court No. - 58
Case :- WRIT - A No. - 19929 of 2018 Petitioner :- Anil Kumar Varma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjan Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of transfer dated 31.05.2018; whereby, the petitioner has been transferred from Jaunpur to Ballia is assailed in this petition. It is contended that petitioner is not working on supernumerary post and therefore, the very premise to transfer the petitioner is non-existent. It is also stated that various other persons, who are working for a longer length of time, have been retained, while petitioner, alone, has been transferred.
Petition is opposed by the learned standing counsel.
From the facts brought on record, it appears that petitioner has been continuing at Janpur for the last more than 10 years.
In the facts and circumstances of the case, this Court finds that no interference with the order of transfer is called for, particularly, as the petitioner holds a transferable post and transfer is an incident of service. Law is, otherwise, settled that except in case where rules are violated or allegations of mala fide are established, ordinarily, interference with an order of transfer is not warranted. The challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances of the case, noticed above, it is provided that in case petitioner joins, pursuant to the order of transfer, forthwith, he shall be at liberty to represent in the matter before the authority concerned within a period of two weeks from today, which shall be dealt with in terms of transfer policy within a further period of two months, thereafter.
With the observation, aforesaid, this petition stands disposed of.
Order Date :- 18.9.2018 Amit Mishra