Instructions, filed today, are taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
In terms of the instructions sought by this Court on 9.8.2021, the instructions have been filed, which are taken on record, in which para-wise reply to the averments contained in the writ petition has been given.
The contention of learned counsel for the petitioner is that the transfer of the petitioner vide order dated 15.7.2021 passed by the respondent no.3, transferring the petitioner from Tehsil Anwala to Tehsil Nawabganj, District Bareilly is bad in law. It has been argued that the petitioner was working as Lekhpal at Tehsil Anwala, District Bareilly from March, 2018 and the petitioner was transferred from Tehsil Meerganj to Tehsil Anwala vide order dated 21.3.2018 passed by the District Magistrate, Bareilly.
The contention of learned counsel for the petitioner is that the petitioner was elected as Secretary of the Association of U.P. Lakhpal Sangh, Bareilly on 10.11.2020 and despite his being elected as Secretary transfer order has been passed on 15.7.2021. The contention is that in terms of the policy decision dated 15th March, 2018 as well as the transfer policy of the Government dated 29th March, 2018, it has been formulated in super session of all the earlier policies that the transfer of President and the Secretary/Elected Unions/Associations cannot be done for a period of two years and if the transfer is eminent, the same should be done only after obtaining the approval of the higher officer. He thus contends that there is a clear violation of the policy dated 29th March, 2018 in respect of the petitioner.
The Standing Counsel, based upon the instructions, states that the transfer of the petitioner has been effected in pursuance to the policy dated 21st June, 2004. It is also stated that in terms of the policy dated 15.6.2021 also as the petitioner had spent around 14 years at Tehsil Anwala, the transfer order was effected.
No reply has been given by the respondents with regard to the averment that the petitioner was elected as a Secretary and a specific bar was created in a policy for transfer of President/Secretary/Elected Associations for a period of two years. As there is no averments in reply to the specific averment contained by the petitioner and the protection granted to the President and the Secretary in terms of the transfer policy dated 29th March, 2018 and there being no consideration as required under Clause 13 of the transfer policy dated 29th March, 2018 in the transfer order of the petitioner, which is impugned herein, the writ petition deserves to be allowed.
Accordingly, the transfer order dated 15.7.2021 is set aside with a direction that the petitioner shall be permitted to continue for a period of two years at least at Tehsil Anwala from the date of his election on the post of Secretary i.e. w.e.f. 10.11.2020.
The petition stands allowed in terms of the said order.
Order Date :- 17.8.2021 S. Rahman