Heard Ms. Savita Jain, learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned Standing counsel for the State respondents.
By means of this petition the petitioner has assailed the order dated 15.7.2021 passed by the Director, Administration, Medical & Health Services, U.P., Lucknow transferring the employees from one place to another in the State of U.P. The name of the petitioner finds place at serial no. 57 whereby the petitioner who was serving as Senior Assistant in the office of Chief Medical Officer, Sitapur has been transferred to Amroha in the same capacity.
Learned counsel for the petitioner has submitted that in view of the peculiar circumstances relating to ailment of the wife and daughter of the petitioner, if the petitioner is compelled to join at transferred place i.e. in the office of Chief Medical Officer, Amroha which is more than 400 kms. away from district Sitapur, he shall suffer irreparably. Learned counsel for the petitioner has categorically indicated in para 10 and 11 of the writ petition that the wife of the petitioner has undergone transplantation of heart-valve and her treatment is going on at SGPGI, Lucknow. He has further submitted that both the kidneys of daughter of the petitioner are not functioning properly and she is under dialysis, sometimes at PGI, Lucknow and sometimes in private hospital at Lucknow. In the given circumstances the petitioner may not be able to move from Sitapur to Amroha.
Ms. Jain has further submitted that if the transfer of the petitioner is required due to any administrative reason or exigency or under policy, he may be adjusted at any nearby place to the Lucknow so that he could discharge his official duties and family responsibilities properly.
Per contra, Sri Vinod Kumar Shukla, learned Standing Counsel has submitted that the transfer being an incident of service, it should not normally be interfered. If the general transfer order of employees is interfered with, the entire chain of transfer may be affected adversely. However, Sri Shukla has submitted that for the grievances of the petitioner the appropriate decision may be taken by the competent authority. Therefore, the petitioner should approach the competent authority preferring a representation enclosing therewith the relevant documents.
Considering the rival submissions of learned counsel for the parties, prima facie, I find substance in the submission of Ms. Jain to the effect that if the petitioner is compelled to submit his joining at Amroha from Sitapur his wife and daughter shall suffer irreparably, therefore, this may be the proper case for adjustment of the petitioner at any nearby place. However, I am not indulging in the merit of the issue inasmuch as this is the domain of administrative authority to adjust / accommodate the the employee at any appropriate place but while passing such order the compassion of an employee may not be ignored. Therefore, the liberty is given to the petitioner to prefer a fresh representation to the transferring authority taking all pleas and grounds which are available to him enclosing therewith the copies of relevant documents i.e. medical prescriptions of both wife and daughter within a period of one week and if such a representation is preferred by the petitioner, the authority concerned shall consider and decide the representation of the petitioner strictly in accordance with law / policy by speaking and reasoned order with expedition preferably within a period of three weeks.
Till the disposal of the representation of the petitioner the transfer order dated 15.7.2021 relating to the petitioner shall not be given effect to.
In view of above, writ petition is disposed of.
Order Date :- 12.8.2021 Om (Rajesh Singh Chauhan, J.)