Court No. - 36
Case :- WRIT - A No. - 10948 of 2020 Petitioner :- Lokesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Krishna Gopal,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State- respondents.
Learned counsel for the petitioner submitted that pursuant to transfer order dated 3.9.2020, petitioner has already submitted his joining at his transfer place i.e. Ghazipur on 19.11.2020 and still working on the said place. He next submitted that transfer order is in violation of transfer policy of the State Government dated 12.12.2018, which provides minimum term for the place of posting in one District or on Region.
Learned Standing Counsel submitted that first of all transfer policies are not mandatory, but directory in nature. Further, petitioner has submitted his joining at the place of transfer i.e. Ghazipur, therefore, petitioner may be permitted to make representation before respondent no. 3 for redressal of his grievance for which learned counsel for the petitioner has no objection.
Considering this facts that petitioner has already submitted his joining on 19.11.2020 around a year before, therefore, at this stage, no interference is required against the impugned transfer order dated 3.9.2020.
The writ petition is disposed of with liberty to the petitioner to move representation before respondent no. 3 within two weeks and in case, any such representation is filed, respondent no. 3 is directed to decide the same within six weeks from the date of production of computer generated copy of this order. In case, respondent no. 3 is not competent authority, he is directed to transmit the paper before appropriate authority concerned, who shall decide the same within the prescribed time.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.3 to decide the representation of the petitioner after considering the Act, Rules, Regulations, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 22.9.2021/Arvind