Court No. - 16
Case :- WRIT - A No. - 9097 of 2018 Petitioner :- Jang Bahadur Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilanand Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been transferred from Sant Kabir Nagar to Gorakhpur on the ground that he is posted in a district adjoining to the border of petitioner's home district. This order is challenged on the ground that the respondent themselves vide circular dated 4.12.2016 had waived the requirement for a period of three years.
Petition is opposed by the learned Standing Counsel.
Petitioner admittedly holds a transferable post and transfer is an exigency of service. Petitioner is continuing at District Sant Kabir Nagar for the last more than four years. In such circumstances, if he is transferred, there is no justification for this Court to interfere with the order of transfer. Petitioner's challenge to the order accordingly fails.
In respect of other difficulties pointed out by the petitioner, it would be open for the petitioner to represent the same before the authority concerned, after he joins the transferred post and such representation shall be decided by the authority concerned, in accordance with law.
Subject to the observations made above, this petition is consigned to records.
Order Date :- 30.3.2018 n.u.