The petitioner who happens to be Civil Police Head Constable (C.P.-30) at Mahamaya Nagar (Hathras) appears to be aggrieved by transfer order dated 23.04.2010, by which he has been transferred in different range. Petitoner is going to retire in the month of December, 2010. after attaining the age of superannuation.
In the submission of learned counsel for the petitioner, in view of the various Government Orders, persons, whose retirement is due within period of one years or so, are not required to be transferred. In case, the transfer is necessary, their transfer be considered on their option preferably in the home district or in near by district. He also submitted that several writ petitions have been allowed where the transfer orders have been passed in closed proximity of the retirement. In support of his submissions the learned counsel for the petitioner has placed a reliance on the judgment of this Court in writ petition No.26876 of 2006 decided on 16.05.2006 and in writ petition No.25382 of 2010 decided on 06.05.2010.
In view of that after hearing learned counsel for the petitioner and learned Standing Counsel, I am of the view that for redressal of his grievance, the petitioner may file a detailed representation along with the certified copy of the order of this Court and other supporting materials, on which petitioner wants to place reliance e. g. the copy of the judgments of this Court and the Government orders issued from time to time. In case such representation is filed before the Police Establishment Board, Lucknow within period of two weeks from the date of receipt of certified copy of this Court, the same shall be considered by the Board sympathetically and the necessary order be passed and in case other view is taken, reasons for the same be recorded in the form of the order, which shall be communicated to the petitioner.
It is further provided that till the decision is taken on the petitioner's representation by the Board, the operation of the impugned transfer order dated 23.04.2010, by which petitioner has been transferred shall be kept in abeyance and petitioner be permitted to work at the place from where he has been transferred.
Subject to above observation, writ petition is disposed of.
Order Date :- 10.5.2010 Pr/-