Court No. - 36
Case :- WRIT - A No. - 10960 of 2021 Petitioner :- Hardesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Mani Tripathi,Sanjeev Singh Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for petitioner and learned Standing Counsel for State-respondents.
This Court vide orders dated 02.09.2021 & 09.09.2021 directed learned standing counsel to obtain instruction, but till date, no instruction has been received.
Learned counsel for the petitioner produced Government Order dated 14.09.2021 which is taken on record.
Learned counsel for the petitioner submitted that petitioner was appointed as Assistant Accountant after appearing in due selection process carried out by U.P. Subordinate Service Selection Commission, Lucknow. He was issued appointment letter dated 18.02.2020 and submitted his joining at the place of respondent No. 3 i.e. at District Jalaun. Wife of petitioner has also been selected as Mission Manager on contract basis under the Rashtriya Gramin Ajinika Mission and submitted her joining before the Commissioner of the said Mission at Jhansi. In the light of State Government transfer policy dated 29.03.2018, petitioner has submitted an application for his transfer at Jhansi where his wife was posted. Accordingly, considering the request of petitioner, vide office order No. 1780 dated 12.07.2021, he has been transferred from Jalaun to Jhansi alongwith 15 other persons, but vide impugned order dated 27.07.2021, a policy decision was taken to suspend the transfer of all employees of the year 2020-21. Accordingly, vide order dated 28.07.2021, the same was implemented in the Department of petitioner also.
He next submitted that as per Government Order dated 14.09.2021, transfer of 142 employees on their own request has been maintained and transfer of those employees whose transfer order is under challenged before this Court shall be subject to final decision of the Court. So far as remaining transfer orders are concerned, those stand cancelled. It is next submitted that name of petitioner is present in list of 142 employees whose transfer are maintained, but due to pendency of petition, he has not been permitted to join at Jhansi. It is further submitted that respondent No. 4 may be directed to accept the joining of petitioner as per Government Order dated 14.09.2021 coupled with his transfer order dated 12.07.2021.
Learned standing counsel has no objection to the submissions made by learned counsel for the petitioner and submitted that in case name of petitioner find place in the category of 142 employees, he shall be permitted to join his service.
Under such facts and circumstances, no order is required to quash the impugned orders dated 27.07.2021 and 28.07.2021.
Petitioner is given liberty to approach respondent No. 4 to submit his joining. In case petitioner submits his joining, respondent no. 4 shall verify as to whether name of petitioner found place within the category of 142 employees whose transfer are maintained and in case his name is there, he shall be permitted to join his service in compliance of transfer order dated 12.07.2021.
With the aforesaid observations, writ petition is disposed of. Order Date :- 23.9.2021 Sartaj