Court No. - 36
Case :- WRIT - A No. - 10813 of 2018 Petitioner :- Nagendra Kumar Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner is challenging the transfer order. The petitioner has been transferred alongwith nine others incumbents by an order dated 30.03.2018 from Allahabad to Jhansi. The transfer order is being challenged on the ground that no reason has been assigned by the respondent no.2 while passing the transfer order on pick and choose basis i.e. picking ten incumbents working on the post of Boring Technician in different districts in the State of U.P.
It is further contended that the petitioner has been transferred to Allahabad on his personal request as he was facing family problems on account of the illness of his family members and education of his children.
To deal with the submission of learned counsel for the petitioner, it is relevant to note that the petitioner was accommodated in the year 2016 and was transferred from Balrampur to Allahabad on his personal request. Now it appears that in the annual chain of transfer, the petitioner has been transferred from Allahabad to Jhansi after two years. The assertion with regard to illness of family members of the petitioner are too vague to interfere in the transfer order.
Even otherwise, the petitioner is holding a transferable post. Transfer is an exigency of service. The Apex Court in the case of State of Haryana & others Vs. Kashmir Singh & another reported in 2010 (13) SCC 306 has held that the Court may be slow to interfere in the transfer order and challenge only on the ground of malafide or violation of statutory rules.
In view thereof, this Court does not find any reason to interfere however, it would be open for the petitioner to represent the competent authority after joining on transferred place.
Disposed of.
Order Date :- 30.4.2018 Himanshu