Court No. - 36
Case :- WRIT - A No. - 19031 of 2019 Petitioner :- Manoj Kumar Bharti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jitendra Pal Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner, presently working as Junior Clerk, is before this Court assailing the order dated 28.6.2019 passed by second respondent by which he has been transferred from Malikhan Singh District Hospital, Aligarh to office of Chief Medical Officer, Bulandshahar. A statement of fact has been made by learned counsel for the petitioner that till today the petitioner has not been relieved.
The petitioner has challenged the order impugned on the ground that he is handicapped and there is no other person to look after his parents, who are living with him in parental house at Aligarh.
Learned Standing Counsel has vehemently opposed the writ petition and submits that there is hardly any scope of interference with the order impugned in view of the dictum of Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583.
Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.
In view of this, as far as this Court is concerned, this Court cannot come to rescue of the petitioner and remedy of petitioner is to represent his claim before the second respondent and in case such a representation is moved within a week from today, the same be decided, in accordance with law, preferably within next three weeks from the date of receipt of representation along with certified copy of this order as per the law laid down by Apex Court in the case of S.C. Saxena (Supra). For a period of four weeks or till the disposal of said representation, whichever is earlier, the effect and operation of the order impugned shall remain stayed.
With the above observations/directions, present writ petition is disposed of.
Order Date :- 28.11.2019 SP/