Court No. - 58
Case :- WRIT - A No. - 17294 of 2018 Petitioner :- Satya Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 27.7.2018, whereby petitioner has been transferred from Tehsil Saharanpur to Tehsil Deoband in the same district.
The order is assailed on the ground that no permission has been obtained from the higher authorities before affecting petitioner's transfer and that petitioner would suffer extreme hardships as his son is studying in class VII. Various other hardships have also been highlighted in order to contend that the order of transfer is not warranted.
Learned Standing Counsel submits that petitioner has continued for more than 9 year at one station and since there are no allegations of malafide or violation of statutory rules, the order of transfer is not liable to be interfered with.
Admittedly, petitioner holds a transferable post and the transfer is an incidence of service. Petitioner has otherwise completed more than 9 year at the present place of posting. There is no malafide or violation of rules alleged. If petitioner has been transferred from one Tehsil to another within the same district, no exception can be taken to it. In such circumstances, no interference with order of transfer is called for.
Writ petition is, accordingly, dismissed.
Order Date :- 23.8.2018 Ashok Kr.