Court No. - 38
Case :- WRIT - A No. - 11165 of 2019 Petitioner :- Daya Shankar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anwar Khan,Dhananjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 30.6.2019, whereby petitioner has been transferred from Azamgarh to Varanasi. It is asserted that the petitioner's wife is a staff nurse and she has also been transferred from Azamgarh to Gorakhpur. Transfer Policy, dated 29th March, 2018 provides that as far as possible husband and wife should be posted at the same place.
Learned Standing Counsel points out that the petitioner has been continuing at Azamgarh for fairly long.
Admittedly, petitioner holds a transferable post and the transfer is otherwise an incidence of service. Transfer policy merely states that as far as possible the husband and wife ought to be placed in one city and the petitioner cannot claim that he must be posted at the place where his wife is posted. Transfer policy is otherwise directory and cannot be read as law/ statute. There would be no occasion for this Court to interfere with the order of transfer. Petitioner, therefore, must join pursuant to the order of transfer within a period of two weeks from today. In case after joining, he makes a representation to the authority concerned, the same shall be considered and appropriate order would be passed upon his representation within a period of three months thereafter. It would be open for the authority concerned to examine feasibility of transferring petitioner's wife also to the place where the petitioner has been transferred or to adjust them in some other district.
With the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 26.7.2019 n.u.