Heard Sri Ratnesh Chandra, learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the order dated 15.07.2021 passed by the Director (Administration), Medical & Health Services, U.P., Lucknow transferring so many employees of the department from one place to another place in the State of U.P. The name of the petitioner finds place at serial No.235, whereby the petitioner who is serving on the post of Senior Assistant in office of the Chief Medical Superintendent, District-Mahrajganj, has been transferred to the office of Chief Medical Superintendent, District-Saharanpur in the same capacity.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.2 of the writ petition whereby the same authority has passed the order dated 31.07.2021 modifying / cancelling the transfer orders of some employees including the petitioner. The name of the petitioner finds place at serial No.138 in the said order of cancellation, whereby the petitioner has been adjusted at District-Balrampur.
Learned counsel for the petitioner has further drawn attention of this Court towards Annexure No.10 of the writ petition, which is an order dated 29.07.2021 passed by the Director General, Medical & Health Services, U.P., Lucknow modifying / cancelling the transfer order of the Chief Pharmacists and the Pharmacists considering their grievances, which were placed before such authorities, on the basis of transfer policy.
However, the cadre of the Chief Pharmacist and the Pharmacist is different from the cadre of Senior Assistant and Junior Assistant serving in the Medical Department but the fact remains that the bonafide grievance of the employees has been considered by the authorities of Medical Department.
Sri Ratnesh Chandra, learned counsel for the petitioner has submitted that as per the Transfer Policy the husband and wife may be posted at the same place if both are the government servants unless there is any administrative exigency to that affect. As per Sri Chandra, there is no administrative exigency transferring the petitioner from Mahrajganj where his wife, who is serving on the post of Staff Nurse, is posted.
Therefore, Sri Chandra has requested that if on account of any administrative exigency the transfer of the petitioner is warranted, either the petitioner may be posted at a place where his wife is posted i.e. at District-Mahrajganj or his wife may be transferred from District-Mahrajganj to District-Balrampur. Sri Chandra has also submitted that the petitioner has recently suffered paralysis attack, therefore, he is fully depend upon the support of his wife inasmuch as there is no other members in the family to support the petitioner in the given circumstances.
On the other hand, Sri Vinod Kumar Shukla, learned Standing Counsel has opposed the aforesaid prayer of learned counsel for the petitioner by submitting that the petitioner is serving at District-Mahrajganj for the last 21 years and as per the policy decision being taken by the department the employee who has completed more than ten years of service at one District/ Division, would be transferred from his place of posting to another place in the State of U.P.
Sri Shukla has further submitted that this is not the writ petition of the wife of petitioner, therefore, the direction to the authority concerned to transfer the wife of the petitioner at District-Balrampur may not be issued. The wife of the petitioner is an independent individual, therefore, she should approach the Competent Authority for such transfer.
Be that as it may, since the transfer is an exigency of service and the order of transfer has been issued pursuant to the policy decision, therefore, without interfering with the impugned transfer order and without interning into merits of the issue, I hereby dispose of finally this writ petition at the admission stage permitting the petitioner to prefer a fresh representation to the Competent Authority taking all pleas and grounds which are available with him for disposal of the representation annexing therewith the relevant documents in support of his claim and the medical papers within a period of one week from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner strictly in accordance with law and compassion by passing a speaking and reasoned order with expedition preferably within a period of two weeks from the date of presentation of a certified/ computerized copy of this order along with representation and the decision thereof shall be intimated to the petitioner forthwith.
It is also made clear that if the petitioner submits his joining at the transferred place, in the meantime, pursuant to the transfer order, even then, his representation shall be considered and decided in terms of what has been observed above and no prejudice shall be caused to the petitioner for the reason that he has approached this Court assailing the transfer orders.
In view of the aforesaid terms, the instant writ petition stands disposed of finally.
Order Date :- 19.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]