Court No. - 38
Case :- WRIT - A No. - 11170 of 2019 Petitioner :- Smt. Archana Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been transferred from Kaushambi to Fatehpur, which is an adjoining district. This order of transfer dated 28th June 2019 is assailed on the ground that petitioner's husband is also posted in the same District.
Petition is opposed by learned Standing Counsel.
Upon a pointed query, learned counsel for the petitioner admits that petitioner has been continuing at Kaushambi for long. It is not in issue that petitioner holds a transferable post and the transfer is an exigency of service.
Transfer Policy, dated 28th June, 2019 only provides that as far as possible husband and wife should be posted at the same place. In case petitioner has been transferred after staying for long in the same district, there would be no occasion for this Court to interfere with the order of transfer. Petitioner, therefore, must join pursuant to the order of transfer. In case after joining, she makes a representation to the authority concerned, the same shall be considered and appropriate order would be passed upon her representation within six weeks thereafter. It would be open for the authority concerned to examine feasibility of transferring petitioner's husband also to the place where the petitioner has been transferred or to adjust them in some other district as per administrative exigency.
With the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 26.7.2019 M. ARIF