Heard Sri Pal Singh Yadav, learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned Standing Counsel for the State-respondent.
By means of this writ petition, the petitioner has assailed the order dated 15.07.2021 (Annexure No.01) passed by the Director, (Admn.) Medical and Health Services, U.P. Lucknow transferring the employees from one place to another place and in the said transfer order the applicant's name finds place at serial no. 904 whereby the petitioner who is serving on the post of Junior Assistant in the office of C.M.O., Moradabad has been transferred to district Hardoi in the same capacity.
Learned counsel for the petitioner has assailed the aforesaid transfer order on the ground that considering the request of the wife of the petitioner she has been transferred at Moradabad two years back so that the husband and wife can be posted at one place but by means of this transfer order the petitioner has been transferred to another place.
Per contra, Sri Vinod Kumar Shukla, learned Standing Counsel has opposed the prayer of the petitioner by submitting that the petitioner has been serving at Moradabad for the past thirteen years and as per the terms and policy his transfer has been made.
The transfer is an incident of service, therefore, it should not be interfered in a routine manner unless such transfer order is violative of rules or has been passed in mala fide intention, however, none of the aforesaid grounds are available in the writ petition.
In view of above, without entering into the merits of the issue, the opportunity is given to the petitioner to prefer a fresh representation to the respondent no.02, Director (Admn.) Medical and Health Services, U.P. Lucknow taking all pleas and grounds which are available to him enclosing therewith relevant documents within a period of one week from today and if such representation is preferred within the aforesaid period, the authority concerned shall consider and decide the representation of the petitioner strictly in accordance with law and policy within a period of three weeks and decision thereof shall be communicated to the petitioner forthwith.
It is also provided that in case the petitioner submits his joining at the transferred place in the meantime, even then his representation shall be considered and decided in the manner directed above and no prejudice shall be caused to the petitioner for the reason that he has challenged the transfer order before this Court.
In the aforesaid terms, the present writ petition is disposed of.
Order Date :- 12.8.2021 Vikas/-