Court No. - 58
Case :- WRIT - A No. - 16096 of 2018 Petitioner :- Smt. Indu Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hardev Prajapati Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 16.04.2018; whereby, she has been transferred from Kasganj to Allahabad. The order of transfer is challenged on the ground that petitioner has not completed six years tenure at Kasganj and that, her son is studying in Class - X.
Learned standing counsel points out that petitioner holds a transferable post and that, neither any service rules is alleged to have been violated, nor any mala fide is alleged. The petitioner has, otherwise, completed more than six years of service at the same station.
Having considered the submissions advanced and the materials placed before the Court, this Court finds that no interference with the order of transfer is called for, particularly, as the petitioner holds a transferable post and transfer is an incident of service. Law is, otherwise, settled that except in case where rules are violated or allegations of mala fide are established, ordinarily, interference with an order of transfer is not warranted. The challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances of the case, noticed above, it is provided that in case petitioner joins pursuant to the order of transfer, forthwith, she shall be at liberty to represent in the matter before the authority concerned within a period of two weeks from today, and the authority concerned shall consider the petitioner for being adjusted in the same or nearby district, depending upon the availability of post and exigency, within a further period of two months, thereafter.
With the observation, aforesaid, this petition stands disposed of Order Date :- 31.7.2018 Amit Mishra