Hon'ble Dr. Satish Chandra,J.
By this petition, the petitioner has assailed the transfer order dated 30.12.2010 by which he was transferred from Gonda to Lalitpur. Sri L. M. Kharey, learned counsel for petitioner submits that the impugned order of transfer is against the transfer policy framed by the State Government for the session 2010-2011. According to him, the transfer order was passed with complete non-application of mind and without any order from the Hon'ble Chief Minister. So, he made a request that the impugned transfer order may kindly be quashed. On the other hand learned Standing Counsel submits that in the transfer order, it has already been mentioned that the petitioner is engaged in the private practice. His wife has already levelled the charge against the petitioner pertaining to "Sex Determination Test", which is illegal. After hearing both the parties, it may be mentioned that transfer is an incidence of service and an employee has no right of choice for his postings as per the ratio laid down in the following judgments:
1.State of Rajasthan v. Anand Prakash 2003 (7) SCC 403
2.Union of India v. S.L. Abbas AIR (1993) SC 2444, and
3.Public Service Tribunal v. State of U.P. 2003 (4) SCC 104 In view of all the aforesaid, we are not inclined to interfere with the impugned transfer order dated 30.12.2010. The writ petition is accordingly dismissed.
Order Date :- 13.1.2011 VNP/-