Court No. - 34
Case :- WRIT - A No. - 10481 of 2021 Petitioner :- Govind Narayan Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Vijay Gautam learned Senior Counsel assisted by Sri Ishir Sripat in support of the petition and Sri Chandan Kumar learned Standing Counsel for the State respondents.
The petitioner who is presently posted as Administrative Officer at Varanasi assails an order of transfer pursuant to which he has been moved to District Maharajganj. Undisputedly the petitioner has remained at Varanasi for more than ten years. The challenge to the order of transfer is raised on the ground that since he has less than two years of service left, in terms of the government policy which applies the order of transfer would not sustain.
The Court fails to find any substance in that contention for the following reasons.
Firstly, the order of transfer is not shown to fall foul of any statutory rules or the terms and conditions of service of the petitioner. It is also not his contention that the office is not transferable. In any case the Court also bears in mind the fact of the petitioner having remained at Varanasi for a period of more than ten years. If the contention of the petitioner were for modification of the order of transfer in light of the provisions made in the Government Order which applies, it was always open for him to have represented the case before the respondents. In any case a mere and alleged infraction of administrative guidelines would not warrant invocation of the powers of the Court conferred under Article 226 of the Constitution.
The writ petition fails and shall stand dismissed. Notwithstanding the above, the Court leaves it open to the petitioner to represent his case for an appropriate posting being made in light of his impending retirement, if so chosen and advised.
Order Date :- 24.8.2021 faraz