Court No. - 37
Case :- WRIT - A No. - 7093 of 2018 Petitioner :- Pappu Singh Anand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
The petitioner is an Assistant Development Officer in Development Block Khadauli, Agra. By means of impugned order dated 7.2.2018 he has been transferred to another block, namely, Jagner in District Agra. The grievance against the said transfer is that petitioner’s wife was recently operated for cancer and at this juncture being transferred 85 kilometres away would cause hardship to the petitioner.
It is not disputed that the petitioner holds a transferable post. Transfer being an incidence of service, I am not inclined to interfere with the same. However, in peculiar circumstances if any hardship is caused to the petitioner by the said transfer, it is always open for him to approach the higher authority, which in the present case is the District Magistrate.
In case the petitioner makes a representation to the District Magistrate, Agra, he shall consider the claim of the petitioner and pass appropriate order in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order along with representation is presented before it. For a period of one month the transfer order dated 7.2.2018 shall not be given effect to.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.2.2018 Sunil Kr. Gupta