Court No. - 6
Case :- WRIT - A No. - 2945 of 2019 Petitioner :- Saroj Bharti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition impugns an order dated 8 February 2019 pursuant to which the representation of the petitioner has been negatived.
The sole ground of challenge to the said order is that Government Servants who are physically handicapped or who look after children who are handicapped are exempt from annual transfer.
As this Court reads the impugned order, it finds that the petitioner had remained posted for about 11 years right from 5 July 2006 to April 2018 at Allahabad whereafter she was transferred to Fatehpur. From the service details which are disclosed in the impugned order, it is further evident that the petitioner earlier had been posted at Fatehpur and remained there between 28 June 2005 to 4 July 2006. The posting of the petitioner is neither established to be prejudicial to the interest of the disabled child nor has any material been brought to the attention of the Court which may establish that the petitioner shall not be able to provide for the special care and needs of the disabled child, while posted at Fatehpur. The impugned order is asserted to have been passed in an administrative exigency which governs the process of transfer. The evaluation of administrative exigencies which is primarily the province of the executive merits no interference under Article 226 of the Constitution.
The writ petition is dismissed.
Order Date :- 25.2.2019 LA/-