Court No. - 58
Case :- WRIT - A No. - 15969 of 2018 Petitioner :- Ramesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of transfer dated 31.5.2018 is challenged in this petition, whereby petitioner has been transferred from Bijnor to Amroha.
Petitioner is a class IV employee working as Chaukidar. It is asserted that petitioner has only been posted at Bijnor in 2014 and he is due to retire within less than two years. Various medical exigencies have also been shown. Submission is that in terms of the transfer policy dated 29.3.2018, a government servant who has less than two years to retire, he is not ordinarily to be transferred and is to be kept out of transfer chain. Representation made in that regard has not been bestowed any consideration, hence, this petition.
Learned Standing Counsel submits that petitioner's grievance shall be examined in accordance with the policy.
In the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim, noticed above, in accordance with law and in terms of the transfer policy, within a period of two months from today, alongwith certified copy of this order. In case such a claim is raised within two weeks from today, the authority concerned shall examine the same and pass appropriate orders, within a further period of six weeks, thereafter. The order under challenge dated 31.5.2018 shall be subject to the orders to be passed by the authority concerned. Till a fresh decision is taken by the authority concerned, petitioner shall be allowed to continue at the present place of posting.
Order Date :- 31.7.2018 Ashok Kr.