Court No. - 38
Case :- WRIT - A No. - 13239 of 2019 Petitioner :- Prem Prakash Giri Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shri Kant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is Regional Marketing Officer and is presently posted at Mirzapur. He is aggrieved by an order of transfer dated 28th June 2019, whereby he has been sent to Mainpuri in public interest.
The order of transfer is assailed on the ground that petitioner is an office bearer of the union and in terms of transfer policy dated 29th March 2018, the petitioner is not liable to be transferred.
Learned Standing Counsel points out that petitioner has continued for fairly long in the same region and has rightly been transferred.
It is not in issue that petitioner is about to complete seven years term in the same region in October 2019. Having completed around seven years if he has been transferred from one district to another, no exception can be taken to it, particularly when petitioner holds a transferable post and transfer is an incidence of service. No interference with the order of transfer is, therefore, called for. Challenge to the order of transfer, therefore, fails.
In the facts and circumstanced, it is provided that in case petitioner joins pursuant to the order of transfer and makes a representation, the same shall be dealt with in terms of the transfer policy, within a period of two months from the date of presentation of certified copy of this order.
Petitioner's further continuance shall remain subject to the fresh order to be passed by the competent authority.
Order Date :- 26.8.2019 M. ARIF