Court No. - 58
Case :- WRIT - A No. - 17918 of 2018 Petitioner :- Mohd. Nadeem Subhani Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hanuman Prasad Dube,Rajesh Tripathi,Vipul Dube Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is essentially aggrieved by an order of transfer dated 31.5.2018, whereby he has been transferred from Ghaziabad to Moradabad. Petitioner has already joined pursuant to the order of transfer. The transfer, however, is challenged on the ground that petitioner's services are not transferable, as he is an employee of the District Level Cadre. It is also stated that petitioner is a General Secretary of the Employee's Union.
The question as to whether the post of Urdu Translator-cum-Junior Clerk is a transferable post or not, has been examined in Writ Petition No.14945 of 2018 (Akeel Ahmad Vs. State of U.P. and others), and the contention of petitioner in that regard has been rejected. Paras 6 and 7 of the judgment dated 17.7.2018 is reproduced hereinafter:-
"6. Petitioner in the present case appears to be working in the office concerned for the last more than 10 years. His appointment is to the post of Urdu Translator-cum-Junior Clerk and he has been transferred against a specific post of Urdu Translator-cum-Junior Clerk existing in the same department i.e. the Transport Department of the State.
7. The order of transfer has been passed after obtaining approval from the State Government, which otherwise has jurisdiction in terms of Rules of 1994. There is nothing in the rules, which may prohibit a transfer of Urdu Translator-cum-Junior Clerk to another post existing in the cadre itself. The petitioner cannot insist that he has to be posted in the same region where he was initially appointed. Argument advanced in that regard is not sustainable in terms of the specific provisions of the rules itself. It is otherwise settled that transfer is an exigency of service, and unless it is shown to be violative of any provisions of the statutory rules or is otherwise found to be mala fide, no interference with it is called for. Challenge laid to the order of transfer, therefore, fails."
Learned Standing Counsel has further placed reliance upon the option, which has been extended by the petitioner, and it is stated that only in terms of the petitioner's consent, he has been shifted to Moradabad. In such circumstances, no interference with order of transfer is called for.
Writ petition is, accordingly, dismissed.
Order Date :- 23.8.2018 Anil