Court No. - 58
Case :- WRIT - A No. - 18001 of 2018 Petitioner :- Harihar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sandeep Tripathi,Atul Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 10.5.2018, whereby petitioner has been transferred from Mau to Maharajganj, as well as consequential relieving order dated 11.8.2018. The order of transfer records that as per transfer policy, all those Jail Warders, who have completed more than 7 years in the jail and are posted adjoining their home district would be transferred. Petitioner is stated to be covered under both the aforesaid category, and therefore, has been transferred from Mau to Maharajganj.
The order is assailed on the ground that petitioner is due to retire in July, 2020. Although learned counsel for the petitioner states that petitioner has been continuing at the concerned jail for less than 3 years, but there is no specific pleading in that regard. There is no challenge to the finding in the order that petitioner has remained posted for more than 7 years in the district jail concerned. It is otherwise not in dispute that petitioner belongs to Azamgarh, which is an adjoining district. In such circumstances, no interference is required with the order of transfer, particularly when the petitioner has already been relieved. Challenged laid to the order of transfer, therefore, fails.
In the facts and circumstances, however, it is provided that in case petitioner joins at the transferred place forthwith, pursuant to order of transfer, it shall be open for him to make a representation, highlighting his personal hardships, as is raised before this Court, before the authority competent, within a period of two weeks of his joining. In case such a representation is made, the authority concerned shall consider the same, in terms of the transfer policy and in accordance with law, by way of a reasoned order, within a further period of two months, thereafter.
With the aforesaid aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 24.8.2018 Ashok Kr.