Heard Sri Shyam Mohan, learned counsel for the petitioners and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this petition, the petitioners have assailed the impugned transfer order dated 10.7.2019 transferring the petitioner no. 1 from Shrawasti to Gautam Budh Nagar, petitioner no. 2 from Sitapur to Sant Kabir Nagar, petitioner no. 3 from Rampur to Etawah, petitioner no.4 from Varanasi to Hardoi, petitioner no.5 from Rampur to Prayagraj, petitioner no.6 from Chandauli to Mainpuri and petitioner no.7 from Gonda to Badaun.
Learned counsel for the petitioners has submitted that the impugned transfer order speaks that it is being issued on the basis of the options/ request in public interest and interest of work and in pursuance thereof the Inspector General (Registration) on the same day i.e. 10.07.2019 issued order for relieving of the petitioners without waiting the reliever or their substitute.
Learned counsel has drawn attention of this Court towards Rule 94A of Registration Manual, U.P. and sub-rule (2) of Rule 94A provides that ordinarily no registration clerk shall remain in the same office for more than five years. Transfers of registration clerk shall be made by the District Registrar within the Registration District to which they are attached. The Inspector General may, however, transfer a registration clerk from one district to another on administrative grounds. On transfer of a registration clerk to another district, seniority in the grade of Rs. 30 and upwards will be determined according to the date of promotion to that grade, while in the lowest grade it will be determined according to the date of his original appointment in a permanent vacancy.
Learned counsel for the petitioners has submitted that the impugned transfer order dated 10.7.2019 has been passed either on request or in the public interest but this transfer order has not been passed on the administrative ground, therefore, transferring from one district to another district without having any administrative ground to that effect ignoring the candidature of those persons who have been serving in particular district for 10-20 years is a hostile discrimination which is not permissible in the eyes of law.
Sri Ran Vijay Singh has submitted that the transfer being an exigency of service and if the decision has been taken by the competent authority to transfer the employees from one district to another district even in the public interest, the same may not be assailed inasmuch as the aforesaid order has been passed by the competent authority without having any malafide intention to that effect, therefore, the petitioners should submit their joining at the transferred place.
Learned counsel for the petitioners has submitted that since the transfer of some persons have been cancelled, therefore, the petitioners have the legitimate expectation that if they prefer a representation to the competent authority for canceling their transfer any appropriate decision may be taken thereon, therefore, learned counsel for the petitioner has prayed that the petitioners may be permitted to prefer a fresh representation to the competent authority with the direction for disposal of the same within the stipulated time.
Accordingly, without entering into the merits of the issue, the petitioners are permitted to prefer a fresh separate representation to the State Government taking all pleas and grounds which are available to them enclosing therewith the copies of documents which are necessary for the disposal of the representation of the petitioners within a period of three days from today and if such representation is preferred by the petitioners within aforesaid stipulated time to the State Government, the same shall be considered and decided strictly in accordance with law and as per transfer policy and prevalent rules with expedition preferably within a period of 15 days from the date of production of certified copy of the order of this Court.
Till the disposal of the aforesaid representation or three weeks, whichever is earlier no coercive action shall be taken against the petitioners.
With the above directions, writ petition is disposed of finally.
Order Date :- 26.7.2019 Suresh/ [Rajesh Singh Chauhan,J.]