1. Heard learned counsel for the petitioner and learned ACSC for respondent - State.
2. By means of this writ petition, the petitioner has assailed the order dated 15.07.2021 passed by the Director (Administration), Medical & Health Services, U.P., Lucknow transferring the employees from one place to another place in the State of U.P.
3. In the similar controversy, Writ Petition No.16736 (S/S) of 2021 was filed before this Court, which was disposed of finally vide order dated 10.08.2021. Relevant portion of the aforesaid judgment is being quoted below:
"Be that as it may, since the transfer is an incidence of service, therefore, it should not be interfered normally unless the transfer order is passed in violation of rules or in a malafide intention. However, no such ground is available in the present case.
So far as the bonafide grievances of the petitioners are concerned, as referred above, it is needless to say that the competent authority shall consider the same with compassion and in terms of transfer policy and shall pass appropriate orders, strictly in accordance with law.
Therefore, I hereby dispose of this writ petition at the admission stage and without interfering with the transfer orders the liberty is given to the petitioners to prefer a separate representation to the Competent Authority taking all pleas and grounds which are available with them enclosing therewith the relevant documents in support of their claim which are necessary for disposal of the representation within a period of seven days and if such representation is preferred, as directed above, the authority competent shall consider and decide the representation of the petitioners, strictly in accordance with law and policy with compassion by passing a speaking and reasoned order within a period of three weeks from the date of presentation of a certified/ computerized copy of this order along with the representation and the decision thereof be intimated to the petitioners forthwith.
It is also provided that if any petitioner submits his/ her joining at the transferred place pursuant to the impugned transfer orders, even then, his/ her representation shall be considered and dispose of in view of the terms as directed above and no prejudice shall be caused to any of the petitioners for the reason that they have approached the Court assailing their transfer order.
In view of the aforesaid observations and directions, the instant writ petition is disposed of finally."
4. In view of the above, without entering into merit of the case, this writ petition stands finally disposed of with a liberty to the petitioner to file a fresh comprehensive representation ventilating all his grievances before the competent authority enclosing relevant documents in support of his claim within a period of seven days from today.
5. In case such a representation is filed, the same shall be considered and appropriate reasoned and speaking order shall be passed in accordance with law and policy with compassion within a period of three weeks from the date of production of a certified copy of this order.
6. Further, It is provided that if petitioner submits his joining at the transferred place pursuant to the impugned transfer orders, even then, his representation shall be considered and dispose of in view of the terms as directed above and no prejudice shall be caused to him for the reason that he has approached the Court assailing the transfer order.
Order Date :- 12.8.2021 Adarsh K Singh