Heard Sri M.P. Raju, learned counsel for the petitioners and Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this petition the petitioner has assailed the order dated 15.11.2019 passed by the opposite party no. 4 transferring the petitioner from one police station of G.R.P. to another police station of G.R.P. at various place of State of U.P. The first contention of learned counsel for the petitioner is that they should not have been transferred within a period of three years till the period of his transfer expires. Secondly, this is mid session transfer, therefore, as per the transfer policy such type of transfer should be avoided unless there is any administrative exigency to that effect.
So far as the first ground of the petitioner to assail the transfer order is concerned it is not tenable inasmuch as the petitioners were transferred to G.R.P. vide earlier transfer order dated 19.6.2018 for three years but the particular place at G.R.P. has not been indicated, therefore, the petitioners may be transferred at any police station of G.R.P. within the State territory. So far as the second argument regarding mid education session is concerned, I am of the considered opinion that unless there is any administrative exigency or reason transferring the petitioner in the mid education session such transfer should be avoided by the authorities concerned for the simple reason that the children of the employee are studying in various institutions and it is difficult to shift the family in the mid education session to the transferred place. Even this is not possible because the education of the children affects adversely.
Since the petitioner has already submitted their joining at the transferred place in compliance of the transfer order dated 15.11.2019, therefore, the liberty is given to the petitioners to approach the competent authority preferring a fresh separate representations ventilating their grievance taking all pleas and grounds which are available to them enclosing therewith the copies of institutions where their children are studying explaining the class and session within a period of 10 days from today and if such representation is preferred by the petitioners, the competent authority shall consider the same and pass appropriate orders considering compassion of the petitioner with promptness preferably within a period of 15 days thereafter and the decision thereof shall be communicated to the petitioner forthwith.
In view of the aforesaid terms the writ petition is disposed of.
Order Date :- 29.11.2019 Om [Rajesh Singh Chauhan, J.]