Court No. - 38
Case :- WRIT - A No. - 11258 of 2019 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Lal,Manu Vardhana Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 29.6.2019, whereby petitioner has been transferred from one place to another within the same district.
The order is assailed on the ground that petitioner is left with less than two years to retire and in terms of the transfer policy dated 29.3.2018 he ought to have kept out of transfer chain and his choice would be considered.
Petition is opposed by learned Standing Counsel.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. It is otherwise pointed out that petitioner has been transferred from one place to another within the same district. The transfer policy dated 29.3.2018 at best would be directory in nature and cannot be read as statute. The object of placing the petitioner at place of his liking would not be adversely affected inasmuch as petitioner would continue to remain posted in the same district. In such circumstance if petitioner has been transferred from the present place of posting, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
Writ petition is, accordingly, dismissed.
Order Date :- 30.7.2019 Ashok Kr.