Court No. - 39
Case :- WRIT - A No. - 18822 of 2019 Petitioner :- Rita Rani Vikram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Singh,C.K.Parekh(Senior Adv.) Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey,Satendra Pratap Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier challenged the order of transfer passed against her by filing Writ Petition No. 13339 of 2019 which came to be disposed of vide following observations made on 11.9.2019:-
"Learned Senior Counsel appearing for the petitioner does not dispute that the petitioner holds a transferable post and that the order of transfer has been passed by the State Government which is the appropriate authority and that there are no mala fides in the transfer order. In the light of the aforesaid facts learned Senior Counsel for the petitioner submits that the petitioner would join the place of posting forthwith and a prayer is made that her representation may be considered.
In view of the aforestated facts, no useful purpose would be served in keeping the writ petition pending.
Having regard to the facts of the case, the writ petition is disposed of with an observation that in case petitioner makes a representation with regard to her grievances along with a certified copy of this order before the appropriate authority within a period of one month from today, the same shall be considered and decided within a period of two months thereafter in accordance with law."
In terms of the liberty granted petitioner has represented against her transfer and the same has been examined by the Principal Secretary of the department concerned. The order of the State Government dated 6th November, 2019 records that petitioner has remained posted in Varanasi for more than fifteen years and, therefore, it would not be permissible to retain the petitioner in the said district any further. It has also been observed that other places where petitioner wants to work, there is no post of Tax Assessment Officer vacant. With these observations petitioner's representation has been rejected on 6th November, 2019. This order is assailed in this writ petition.
Learned Senior Counsel for the petitioner has made various submissions. It is, however, not disputed that the recital of facts made in the order impugned are factually correct.
So far as continuance in a district under the transfer policy is concerned, it is the entire length, which would be relevant and not the last joining as is being sought to be urged on behalf of the petitioner. No illegality, therefore, is found in the order impugned. Petitioner otherwise holds a transferable post and has been sent to Jaunpur which is close to Varanasi where her husband is posted. Requirement of an employee at a particular place is required to be assessed by the employer and petitioner can have no say in it.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 29.11.2019 Ranjeet Sahu