Court No. - 74
Case :- WRIT - A No. - 6173 of 2021 Petitioner :- Chanda Rani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard Mr. K.P. Pandey, learned Counsel for the petitioner and the learned Standing Counsel appearing for the State.
The petitioner challenges an order of transfer dated 15.03.2021 transferring her from Varanasi to Ghazipur. This order has been passed by the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi. It is pointed out that the petitioner was earlier transferred to Varanasi on her request vide order dated 31.05.2016 passed by the Inspector General of Police, Varanasi Zone, Varanasi giving effect to a decision of the Zonal Police Establishment Board dated 25.05.2016, bearing in mind that her mother is suffering from cancer, which required treatment at B.H.U., Varanasi. By the last mentioned order, the petitioner was transferred from Mau to Varanasi, considering the extreme circumstances about her mother's health. It is now contended that the present transfer order runs in the teeth of the underlying arrangement, that was made by the Zonal Police Establishment Board through their resolution dated 25.05.2016 and given effect to by the Inspector General of Police. It is also argued that the transfer is in the teeth of the transfer policy of 3rd May, 2017 issued by the Government of U.P.
This Court is afraid that the petitioner's difficulty might truly be one that requires consideration, but it is not this Court's jurisdiction to interfere with a transfer order, that is essentially an exigency of service. It is also not our province to enforce the transfer policy of the employer. It is for the respondents themselves to consider grievances of their employees of the kind that the petitioner points out. Of course, this Court thinks that the petitioner's grievance ought to be considered by the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi, who has passed the impugned order, may be oblivious of the petitioner's background and her posting to Varanasi.
In the circumstances, the petitioner is permitted to represent her case to the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi within two weeks next and the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi, who has passed the order impugned, is ordered to dispose of that representation within two weeks next of its receipt, bearing in mind the circumstances in which the petitioner was posted to Varanasi from Mau and her mother's medical problems.
This writ petition is disposed of in terms of the aforesaid orders.
Let this order be communicated to the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi by the Joint Registrar (Compliance) within 48 hours.
Order Date :- 24.5.2021 Anoop