Court No. - 36
Case :- WRIT - A No. - 10778 of 2018 Petitioner :- Bhagwan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Radhey Shyam Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, petitioner is seeking for quashing the transfer order dated 16.4.2018 on the ground that he has completed the age of 58 years and barely one and a half years have left from the date of attaining the age of superannuation. This apart the petitioner's mother is 92 years of age and it would not be possible for the petitioner to shift to any other place.
Submission is that a representation has been given to the competent authority for consideration of his claim for keeping the transfer order in abeyance.
With reference to the Government order dated 11.5.2016, it is submitted that an incumbent who is at the verge of retirement, has to be kept at a place near his native district or the district of his choice, as far as possible.
Dealing with the submission of learned counsel for the petitioner, it is noted that the transfer is an exigency of service. The Apex Court in the case of State of Haryana & others Vs. Kashmir Singh & another reported in 2010 (13) SCC 306 has held that the Court should not ordinarily interfere in the transfer order.
However, the grievance being raised by the petitioner can be addressed by the competent authority, who is in charge of administrative arrangement.
In view of the above, without expressing any opinion on the claim of the petitioner, present petition is disposed of with a direction that the petitioner first join at the place of transfer and then make a fresh representation before the respondent no.3 alongwith certified copy of this order. In that eventuality, the respondent no.3 would be under obligation to consider the grievances raised by the petitioner sympathetically and pass a reasoned and speaking order in accordance with law.
Subject to the above, the writ petition is disposed of.
Order Date :- 27.4.2018 AK Pandey