Court No. - 38
Case :- WRIT - A No. - 10814 of 2019 Petitioner :- Kuldeep Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Misra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed on 19.07.2019:-
"Sri Pankaj Mishra, learned counsel for the petitioner contended that petitioner was transferred from the office of Joint Director, Prosecution, District Kanpur to the office of Joint Director, Prosecution, District Siddharth Nagar vide order dated 25.6.2019. He further contended that in district Siddharthnagar there is no post of Personal Assistant (Grade-II).
The matter requires consideration.
Learned Standing Counsel is granted five days' time to seek instructions in the matter.
Put up on 25.7.2019 in the additional cause list."
Learned Standing Counsel points out that petitioner has been continuing at Kanpur for the last 28 years and he otherwise holds a transferable post. Facts narrated on behalf of State is not disputed. Petitioner holds a transferable post and it is always open for the respondents to transfer the petitioner. However, he cannot be sent to an office where post held by him is not available. Petitioner’s service conditions cannot be altered while passing an order of transfer.
In the facts and circumstances, it would be appropriate to permit the petitioner to represent his grievance against the order of transfer before respondent no. 2 along with certified copy of this order, within ten days from today. The authority concerned shall examine petitioner’s claim in light of the transfer policy and pass an order within a period of four weeks, thereafter. It is, however, clarified that petitioner would not be transferred to a place where the post held by him is not available. For a period of six weeks or till disposal of his representation, whichever is earlier, petitioner shall not be relieved unless he has already been relieved. In case the post held by petitioner is not available at the transferred place, it would be open for the respondents to shift the petitioner to any other place where the post held by the petitioner is available.
Order Date :- 25.7.2019/M. ARIF