Court No. - 3
Case :- WRIT - A No. - 6686 of 2018 Petitioner :- Brahma Dev Respondent :- State Of U.P. Through Principal Secretary Dept. Of Medical, Health And Family Planning Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Siddhartha Khare, learned counsel for the petitioner.
The petitioner is a Joint Director in the Medical Health Department of the State of U.P. He has been transferred by the office order dated 16.10.2017 along with many other persons from Agra to Kannauj.
The submission of Sri Khare, learned counsel for the petitioner in challenging the above order is that respondent in making the above transfer has wrongly treated that the home-town of the petitioner is Agra and that he has remained posted at Agra from 1997 to 2017.The petitioner was on deputation at Agra in the above period which can not be treated as the period of his posting there.
Notwithstanding the above contentions that the home-town of the petitioner is not Agra and he has not remained posted there, the fact remains that the petitioner is holding a transferable post and in case he has been posted and assigned duties at Kannauj, no illegality in it exists which may infringe the rights of the petitioner so as to warrant intervention by us under Article 226 of the Constitution of India.
Accordingly, we do not feel inclined to entertain the writ petition and dismiss it with liberty to the petitioner to make a representation regarding his posting at Kannuaj to the appropriate authority after joining at the transferred place.
Order Date :- 26.2.2018 SKS