Court No. - 38
Case :- WRIT - A No. - 10166 of 2019 Petitioner :- Dinesh Pal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of transfer has been passed against the petitioners on 06.11.2018 which has been given effect to now on 28.06.2019. The orders are assailed on the ground that petitioners are left less than two years to retire and that in terms of transfer policy, petitioners' choice ought to have been taken note of in the matter relating to their posting.
Learned Standing Counsel points out that petitioner are continuing since long at the same place.
In the facts and circumstances, it is apparent that the administrative exigency giving rise to passing of the order of transfer existed in the month of November 2018, whereas it is now being given effect to almost after 7 months. Petitioners are otherwise left with less than two years to retire and in terms of transfer policy the choice of such employee is liable to be taken note of in the matter of his transfer.
In that view of the matter, it would be appropriate to permit the petitioners to represent their grievance against the order of transfer before the competent authority along with certified copy of this order, within a period of ten days from today. In case a claim is raised, the same shall be dealt with by the competent authority, by passing an appropriate order, within a further period of six weeks, thereafter. For a period of two months or till disposal of the petitioners' representation, whichever is earlier, the order of transfer shall not be given effect to. Petitioners' further continuance shall abide by fresh order to be passed, as indicated above.
Order Date :- 25.7.2019 M. ARIF