Court No. - 38
Case :- WRIT - A No. - 10852 of 2019 Petitioner :- Brijnandan Ojha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner was transferred from Khurja in Bulandshahar to Gautam Budh Nagar on 27.06.2019 and was also relieved on 29.06.2019. Thereafter, the order of transfer has been cancelled on 09th July 2019. It is this order dated 09th July 2019, which is assailed in this petition.
While entertaining the writ petition following orders were passed on 22nd July 2019:-
"It is stated that without assigning any reason petitioner's transfer has been cancelled after he joined pursuant to it.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Put up as fresh on 29.7.2019."
Learned Standing Counsel has obtained instructions from the State Government, according to which, there were four posts at Khurja in Bulandshahar and the petitioner was the only person working against it. It is stated that once petitioner is transferred to Gautam Budh Nagar, there would be none left at Khurja, and therefore, his transfer has been cancelled.
Learned counsel for the petitioner submits with vehemence that it was not open for the authorities to have cancelled the transfer, once the petitioner had joined.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. Administrative exigency which may require passing an order of transfer has to be assessed by the authorities. The exigency which has been placed before this Court by way of instructions would clearly justify the cancellation of petitioner's transfer, inasmuch as no other person would remain posted at Khurja. The cancellation of petitioner’s transfer, therefore, suffers from no illegality. Petitioner otherwise has remained posted at Bulandshahar only since the year 2017 and even the minimum period at Bulandshahar has not expired.
Writ petition is, accordingly, dismissed.
Order Date :- 30.7.2019/M. ARIF