Court No. - 33
Case :- WRIT - A No. - 5993 of 2021 Petitioner :- Naushad Ali And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Both petitioners were posted at Sambhal and have been transferred to Varanasi and Mau, respectively, vide order dated 8.1.2020. This order was challenged by filing Writ Petition No.1092 of 2020, in which a direction was issued to respondents to consider petitioners' representation for being adjusted in some nearby district. The representation, however, has been rejected on 30.3.2020 by observing that petitioners' continuance at Sambhal has not been found administratively expedient in view of their past service record. The order of transfer dated 8.1.2020 and the order rejecting petitioners' representation dated 20.3.2020 has been challenged by filing the present writ petition in the month of February, 2021, which is after expiry of nearly one year. It is stated that similar order of transfer has been interfered with by this Court in Writ Petition No.12891 of 2020 (Mithun Malik Vs. State of U.P. and others). A supplementary affidavit has been filed placing such order of record.
Perusal of the order passed in Writ Petition No.12891 of 2020 would go to show that petitioner therein placed reliance upon an order passed by this Court in Writ Petition No.10972 of 2020, in which the order of transfer passed in the year 2014 was being given effect to after expiry of one year, and therefore the Court interfered with such relieving on the ground that administrative exigency necessitating transfer may have changed by then. However, in the facts of the present case this Court finds that no such delay has occasioned. The petitioners were transferred on 8.1.2020 and such order was challenged by filing Writ Petition No.1092 of 2020. This Court in the said writ petition directed petitioner's representation to be considered and the same has been rejected on 20.3.2020. Petitioners have been relieved on the very next day i.e. 21.3.2020. There is no delay in relieving the petitioners, and therefore the principle on which this Court passed the order in Writ Petition No.10972 of 2020 clearly does not arise on facts. Petitioners, therefore, are not entitled to any parity with the petitioner in Writ Petition No.12891 of 2020. No other principle otherwise has been laid down in Writ Petition No.12891 of 2020, which could be followed by this Court.
Petitioner otherwise holds a transferable post and transfer is an incidence of service. Petitioners, therefore, are not entitled to any protection from this Court under Article 226 of the Constitution of India.
Writ petition, accordingly, is dismissed.
Order Date :- 29.7.2021 Anil