Court No. - 6
Case :- WRIT - A No. - 23343 of 2018 Petitioner :- Atul Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mritunjay Mohan Sahai,Mayank Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition challenges an order of transfer dated 22 October 2018. From the record, it appears that the petitioner was initially by an order dated 31 May 2018 transferred from Lalitpur to Hathras. Subsequently by the order impugned, he has been posted in the office of the Chief Engineer at Lucknow.
Learned counsel has drawn the attention of the Court to the personal problems which beset the petitioner on account of one of his daughter suffering from cancer and the other being liable to be shifted during the mid session.
The Court notes that the order of transfer has been effected on the ground of administrative exigencies. It is also not shown to fall foul of any terms of conditions of service of the petitioner. The contours of challenge to an order of transfer while invoking the jurisdiction of a constitutional Court under Article 226 are well settled. Tested on these principles, this Court finds no ground to entertain the challenge laid. The Court is further constrained to note that despite repeated queries, learned counsel refused to undertake to join the place of posting. This is another reason which has weighed with the Court in refusing to grant indulgence.
Accordingly while this writ petition is dismissed, it is left open to the petitioner to represent before the competent authority and apprise him of the personal difficulties which the petitioner faces.
Order Date :- 30.10.2018 VKS