Heard Ms. Savita Jain, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this petition, the petitioner has assailed the order dated 15.07.2021 passed by the Director, (Administration), Medical & Health Services, U.P., Lucknow transferring as many as 984 employees from one place to another place in the State of U.P. The name of the petitioner finds place at serial no.567 whereby the petitioner, who is serving on the post of Junior Assistant, has been transferred from the office of Chief Medical Superintendent, District-Kannauj to the office of Chief Medical Superintendent, District-Agra in the same capacity. The ground to assail the transfer order is that wife of the petitioner is suffering from Neuro problem and she is also mentally sick and her treatment is going on at District-Kanpur since 2007. The petitioner has not been relieved till date.
Per contra, learned Standing Counsel has opposed the prayer of the writ petition by submitting that the present petitioner has been transferred as per the policy decision taken by the competent authority of the Medical Department transferring the employees from one place to another place who have completed substantial period of service at a particular place and in the present case the petitioner has completed substantial period of his service at District-Kannauj. Learned Standing Counsel has further submitted that if the transfer order is stayed or quashed, the entire chain of the employees who have been transferred shall be disturbed.
Having heard learned counsel for the parties and perused the material available on record, I am of the considered opinion that the transfer being an incident of service it should not be interfered ordinarily unless the transfer order has been passed in violation of Rules and in a malafide manner and both the aforesaid grounds are missing in the writ petition inasmuch as the petitioner has been transferred as he has completed substantial period at the present place of posting i.e. District-Kannauj. So far as the grievance of the petitioner regarding ailment of his wife as well as the minor children are concerned, the competent authority may very well consider the aforesaid grievance of the petitioner strictly in accordance with law/policy.
Therefore, without entering into the merits of the issue, I hereby provide liberty to the petitioner to prefer a fresh representation to the competent authority taking all pleas and grounds which are available to him enclosing therewith the relevant documents, which are necessary for the disposal of the representation, including the judgment of Apex Court referred above within a period of seven days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the competent authority shall take appropriate decision on the same strictly in accordance with law / policy by passing a speaking and reasoned order, with expedition, preferably within a period of three weeks from the date of presentation of a certified copy of this order and decision thereof shall be communicated to the petitioner forthwith.
It is also observed that if the petitioner submits his joining at the place of transfer in the meantime even then the representation of the petitioner shall be considered and decided as per the direction of this Court and no prejudice shall be caused to the petitioner for the reason that he has approached this Court assailing the transfer order.
In view of the aforesaid observations and directions, the instant writ petition is disposed of finally.
Order Date :- 16.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]