Heard Sri H.P. Gupta, learned counsel for the petitioner and Sri Sharad Dwivedi, learned Standing Counsel for the State-respondents.
Sri Gupta, learned counsel for the petitioner has filed supplementary affidavit, today in the Court, the same is taken on record.
By means of this writ petition, the petitioner has assailed the office order dated 10.08.2021 whereby the petitioner has been transferred from ESI Dispensary, Aishbagh (Aishbagh is wrongly indicated whereas it is Mahanagar) to ESI Hospital, Aishbagh. Earlier the petitioner was transferred to District-Unnao but such transfer order was cancelled and she has been transferred at Aishbagh, Lucknow.
The precise contention to assail the aforesaid transfer order is that this transfer order has been passed to accommodate the opposite party No.4 at Mahanagar and the law is settled on the point that the transfer order cannot be passed so as to accommodate any person unless there is administrative exigency to that effect.
As per Sri Gupta, there is no administrative exigency to that effect and having ulterior motives the opposite party No.4 has been adjusted in place of the petitioner.
Sri Gupta, learned counsel for the petitioner has submitted that the opposite party No.4 has been earlier adjusted at Mahanagar in the year 2012.
Having heard learned counsel for the parties and having perused the material available on record, I am not inclined to interfere with the impugned transfer order dated 10.08.2021 for the reason that this is a local transfer from ESI Hospital, Mahanagar to ESI Hospital, Aishbagh, Lucknow.
So far as the submission of learned counsel for the petitioner that the opposite party No.4 has wrongly been adjusted at Mahanagar in place of the petitioner is concerned, the petitioner may very well approach the Principal Secretary, Labour, Government of U.P., Civil Secretariat, Lucknow apprising her bonafide grievance taking all pleas and grounds which are available with her and the aforesaid Competent Authority may pass appropriate order, if it is so warranted as per law and policy, inasmuch as transferring any employee from one place to another is prerogative of the Competent Authority, therefore, no interference should be made unless such order has been passed in violation of law or in a malafide intention.
Therefore, I hereby dispose of this writ petition finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.1 i.e. the Additional Chief Secretary/ Principal Secretary, Labour, Government of U.P., Civil Secretariat, Lucknow taking all pleas and grounds which are available with her for disposal of the representation annexing therewith copy of her earlier representation and the relevant documents in support of her claim within a period of ten days from today, and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority competent shall consider and decide the representation of the petitioner, strictly in accordance with law and policy by a speaking and reasoned order, with expedition, preferably within a period of six weeks from the date of presentation of a certified/computerized copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.
It is made clear that I have not entered into merits of the issue, therefore, the authority concerned shall take independent decision without there being influenced from any observations made in this order.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 27.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]