Heard Sri R.K. Singh Suryvanshi, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the opposite parties.
Learned counsel for the petitioner has contended that in view of the guidelines issued by the Chief Secretary, Government of U.P., Lucknow regarding transfer of the officers and officials of the State of U.P., which has been annexed as Annexure No.5 to the writ petition, wherein para-11 (x) categorically provides that if the services of any Group Ka, Kha & Ga employee is less than two years, his request for a particular district may be considered excluding his home district.
Learned counsel for the petitioner has submitted that the home district of the petitioner is district-Jaunpur and he is going to retire on 30.09.2021. Therefore, his request may be considered regarding transferring him at any district as indicated in para-18 of the writ petition. Vide para-18 of the writ petition, the petitioner has categorically indicated that his less than one year service is left and he may be transferred at districts-Pratapgarh, Sultanpur, Ambedkar Nagar or Amethi so that he could manage his smooth living after his retirement.
Learned counsel for the petitioner has further submitted that the petitioner has preferred a specific representation dated 26.10.2020 in compliance of the order of this Court dated 22.10.2020 passed in Writ Petition No.17500 (S/S) of 2020 but his request has not been considered by the Secretary, Finance (Lekha Pariksha Anubhag-1) indicating therein that the aforesaid request of the petitioner may be considered in the next transfer session.
Learned counsel for the petitioner has also submitted that presently the post, on which the petitioner has sought to be transferred at the district, is lying vacant and such post may likely be filled up in the next transfer session after the promotion of the employees is made.
Be that as it may, this session is almost going to complete and the request of the petitioner has been made strictly as per the guidelines so issued by the State Government and only about seven months period of service of the petitioner is left, therefore, the grievance of the petitioner may be reconsidered ignoring the impugned order dated 21.01.2021.
The liberty is given to the petitioner to prefer a fresh representation to the opposite party No.2 i.e. Sachiv, Finance (Audit), Section-1, Government of U.P., Lucknow taking all pleas and grounds which are available with him annexing therewith all the relevant documents in support of his case within a period of one week and if such representation is preferred by the petitioner within the aforesaid stipulated time, the opposite party No.2 shall consider and decide the representation of the petitioner by passing a speaking and reasoned order, strictly in accordance with law and as per the guidelines of the aforesaid transfer policy ignoring the order dated 21.01.2021 with expedition preferably within a period of three weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be communicated to the petitioner forthwith.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 11.2.2021 Suresh/ [Rajesh Singh Chauhan,J.]