Court No. - 30
Case :- WRIT - A No. - 13258 of 2019 Petitioner :- Man Mohan Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Vijay Gautam, learned Senior Counsel assisted by Sri V.K. Mishra, learned counsel for the petitioner.
Present petition has been filed with a prayer for quashing the impugned transfer cancellation order dated 29.7.2019, passed by Respondent No. 4 (enclosed as Annexure-1) to the writ petition. A further prayer has been made to direct the respondent authority to permit the petitioner to continue at Kanpur Range, Kanpur District Kanpur Nagar.
Challenging the transfer order, cancelling the earlier transfer order submission of the learned counsel for the petitioner is that the petitioner was transferred on compassionate ground and once the authority was satisfied that it was a case for transfer on compassionate ground reversing the earlier transfer order without any exceptional reason is not warranted and is liable to be set aside.
Learned counsel for the petitioner has placed reliance on the judgment of Hon'ble Division Bench in case of Ram Bharat Verma vs. State of UP and others 2007(25) LCD 1299, whereof paragraph 6 of the same is quoted as under:-
"Transfer orders on compassionate grounds can be passed, is not at all in dispute by the respondents as even in the usual guidelines, the State has the power to accommodate persons at a place of their choice, if legally or otherwise not prohibited, at the discretion of the Government looking to their prayer for such transfer/posting on compassionate grounds. It is the obligation of the State Government that when such a request for compassionate transfer or posting is made by the Government servant to consider the plea and if necessary to make such enquiry which may be necessary for the purpose and if satisfied about the genuine claim of the government servant to pass an order, accommodating him at the place where he has desired to be posted. It is also open to the State Government that if the plea of compassionate appointment does not stand substantiated, to reject the said prayer but in case the State Government once feels satisfied for such transfer it ought not change the place of posting of such an employee who has posted at particular place on compassionate ground, soon thereafter or very frequently, even if the policy for the time being is changed or a decision is taken to transfer large number of employees, unless of course, there are some exceptional circumstances, which would not allow, the employee to remain any longer, at his choice posting."
In such view of the matter, the present petition stands disposed of with liberty to the petitioner to file a representation before the respondent no. 4, Deputy Inspector General of Police, Establishment/Karmik, DGP, Headquarters, UP, Lucknow within a period of two weeks from today. In case the same is filed, the same shall be considered and decided preferably within a period four weeks thereafter. In the facts and circumstances of the case it is provided that the order impugned dated 29.7.2019 shall remain in abeyance for a period of six weeks or till the date of decision whichever is earlier.
With this observation the petition stands disposed of.
Order Date :- 22.8.2019 Aditya