Heard Sri Brijesh Kumar Tiwari, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the validity of transfer order dated 28.06.2019, whereby the petitioner who is serving on the post of Child Development Project Officer, has been transferred from district-Prayagraj to distirct-Amethi in public interest.
Since the transfer order has been passed on 28.06.2019, therefore, the petitioner must have been relieved from district-Prayagraj for district-Amethi.
Learned counsel for the petitioner has drawn attention of this Court towards order dated 02.08.2019 passed by this Court in Writ Petition No.20965 (S/S) of 2019; Smrit Kumar Singh vs. State of U.P. & others, wherein the same transfer order was assailed and this Court passed an interim order seeking counter affidavit from the State-respondents. For convenience, the order dated 02.08.2019 is being reproduced here-in-below:-
"Heard learned counsel for the parties.
This Court has passed the order dated 01.08.2019 as under:-
'Heard.
The petitioner being aggrieved with the transfer order dated 28.06.2019, a copy of which is annexure 1 to the petition by which he has been transferred from Prayagraj to Amethi is before this Court. The order of transfer indicates that the same has been issued in public interest.
Learned counsel for the petitioner contends that though the impugned order of transfer indicates that the same has been in public interest and it has been issued alongwith various other persons yet fact of the matter is that the same has been made on the basis of the letter of public representative, copy of which has been filed as annexure 6 to the petition which is dated 05.06.2019 by which the said public representative had indicated certain complaints against the working of the petitioner and another person which has thereafter resulted in the impugned transfer order being passed. Thereafter the said public representative through his letter dated 21.07.2019, a copy of which is annexure 7 to the petition has contended that he has never sent any letter against the petitioner and another employee and earlier letter is fake and an inquiry should be initiated in the matter.
Learned counsel for the petitioner contends that once his transfer has been occasioned on account of the said complaint and the respondents have taken the same into consideration, consequently when the public representative resiled from the said letter and contended that the earlier letter was fake, consequently in the fitness of thing the respondents should have cancelled the impugned order of transfer of the petitioner. Another ground which has been taken by the petitioner is that the tenure of the petitioner is not complete in the present place of posting. So far as the second ground is concerned, it is a settled proposition of law that transfer is an incidence of service and it is the prerogative of the employer to transfer the employee to any place where the employer himself feels that the petitioner would be able to discharge the duties and shoulder the responsibilities of the post to which he is being transferred in an effective manner.
However, as regards the first ground, the transfer having alleged to have been occasioned on the complaint of the public representative, this aspect of the matter would have to be considered by this Court after summoning of record. As such, learned Standing counsel is required to produce the records tomorrow.
List this case tomorrow, i.e 02.08.2019 as fresh.
Learned Standing counsel shall inform the respondents about the production of records.' In compliance of aforesaid order, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents has submitted that he has received complete instructions in the matter and as per the instructions, the complaint against the petitioner was made by one M.L.A., namely, Azad Arimardan, Lalganj, District-Azamgarh on 05.06.2019, however, the said complaint was withdrawn on 21.07.2019, which is contained as Annexure No.7 to the writ petition.
The submission of learned counsel for the petitioner is that pursuant to the complaint dated 05.06.2019, the petitioner was transferred and thereafter the complaint has been withdrawn, therefore, the fact remains that the petitioner has been transferred pursuant to the complaint dated 05.06.2019.
Learned counsel for the petitioner has drawn attention of this Court towards the Government Order dated 19.04.2012 (Annexure No.9 to the writ petition), which categorically provides that if any transfer order is made pursuant to the complaint, the same could have been passed in view of the Government Order dated 09.05.1997, which is also annexed with the writ petition.
Learned counsel for the State-respondents prays for and is granted three weeks' time to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition in the week commencing 02.09.2019.
Till the next date of listing, the operation and implementation of order dated 28.06.2019 passed by the opposite party No.2, so far as it relates to the petitioner, shall remain stayed and the petitioner shall be permitted to discharge the duties on the of Child Development Project Officer at Allahabad and he shall be paid his regular salary."
Learned counsel for the petitioner has further drawn attention of this Court towards Annexure No.11 of the writ petition, which is a representation dated 01.08.2019 preferred by the petitioner to the Principal Secretary, Department of Child Development & Nutrition, Government of U.P, Civil Secretariat, Lucknow and at this stage the innocuous prayer of learned counsel for the petitioner is that the direction for disposal of the aforesaid representation may be issued to the authority concerned.
Therefore without interfering with the transfer order dated 28.06.2019 and without going into merits of the issue, the present petition is being disposed of finally at the admission stage directing the Principal Secretary, Department of Child Development & Nutrition, Government of U.P., Civil Secretariat, Lucknow to consider and decide the aforesaid representation of the petitioner dated 01.08.2019, which is contained as Annexure No.11 to the writ petition, strictly in accordance with law by a speaking and reasoned order, with expedition, preferably within a period of six weeks from the date of presentation of a certified copy of this order and the decision thereof be communicated to the petitioner forthwith.
Accordingly, the writ petition is disposed of finally.
Order Date :- 29.8.2019 Suresh/ [Rajesh Singh Chauhan,J.]