Court No. - 34
Case :- WRIT - A No. - 10084 of 2021 Petitioner :- Naval Kishore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
The petitioner challenges an order of transfer by which he has been moved from one Development Block to another in Kanpur Nagar. Undisputedly, the petitioner has remained posted at Development Block, Kalyanpur for the past four years. The order of transfer is not established to be in violation of any statutory rules or the terms and conditions of service of the petitioner.
It is however contended that the order of transfer would not sustain since it has been made in violation of the Government Order of 15 December 2003. The aforesaid submission is addressed in the backdrop of the petitioner asserting to be disabled and the aforesaid government order seeks to exempt physically challenged persons from transfer. It becomes relevant to note here that the order impugned is not shown to have been made in the course of any annual transfer exercise. In any case and bearing in mind the principles as enunciated in Mrs. Shilpi Bose And Others Vs. State of Bihar And Others; AIR 1991 SC 532, the Court finds no ground to interfere with the order of transfer.
Consequently, the writ petition fails and is dismissed.
Order Date :- 13.8.2021 Arun K. Singh