Court No. - 16
Case :- WRIT - A No. - 8804 of 2018 Petitioner :- Praveen Kumar, Constable 206cp Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Irfan Ahmad Malik Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 15th March, 2018, whereby he has been transferred from Muzaffarnagar to Kushinagar. The order is challenged on the ground that petitioner's wife is posted at Muzaffarnagar, and in terms of the Government Policy husband and wife ought to be allowed to continue at the same station. Petitioner has been transferred at a distance of about 500 Kms., which would cause irreparable injury.
Petition is opposed by learned Standing Counsel stating that petitioner has been continuing at the same station since long.
Admittedly petitioner holds a transferable post and transfer is otherwise an incidence of service. Since petitioner has been continuing at the same station for last 08 years, no exception can be taken to the order of transfer. The observation in the transfer policy that as far as possible husband and wife be allowed to continue at one place, cannot be construed in such a way that petitioner cannot be transferred at all. In such circumstances, no interference with the order of transfer is made out.
In the facts and circumstances, it is, however, provided that in case petitioner joins at the transferred place of posting forthwith and makes a representation, alongwith certified copy of this order, within a period of two weeks, the same shall be examined by the authority concerned, in terms of the applicable transfer policy and in accordance with law, within a further period of six weeks, thereafter.
Subject to the observations aforesaid, writ petition is consigned to records.
Order Date :- 28.3.2018 Anil