Court No. - 39
Case :- WRIT - A No. - 15995 of 2018 Petitioner :- Shailendra Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Alok Mishra, learned counsel for the petitioner and the learned Standing Counsel for the respondents no. 1 to 3.
The petitioner in the writ petition is seeking quashing of the order dated 30.05.2018 whereby the petitioner, who is working on the post of Health Education Officer, has been transferred from Allahabad to Fatehpur. The transfer order mentions that he is being transferred on the policy of husband-wife being placed at one place.
Learned counsel for the petitioner submits that his wife is posted in Allahabad as Assistant Lecturer in Government Inter College, Allahabad and is not working in Fatehpur and therefore, the respondents have wrongly mentioned in the transfer order that he is being transferred under the husband- wife policy. He has also referred to a letter dated 17.5.2018, Annexure-8 to the writ petition, written by the District Office President of a political party to the Cabinet Minister-respondent no.4 which particularly mentions the name of the petitioner along with three other persons total four and that these persons have been working in the district for more that ten years and should be transferred to some other district. The contention is that in pursuance of this letter, another letter dated 21.5.2018, Annexure-9 to the writ petition, was written by the respondent no.4 to the Minister of Women and Family Welfare recommending the name of four persons including the petitioner for transfer.
The petitioner has, therefore, tried to give a political colour to his transfer order and alleged that his transfer is politically motivated. He further submits that he is posted at Allahabad since 2012 only. The Transfer Policy dated 29.3.2018 has been filed as Annexure-3 to the writ petition, Para 1-(Gha) of which provides that as far as possible husband and wife should be posted in one district or town or place. However, para 2 of the Policy mentions that Group A and Group B officers who have completed three years in one station should be transferred. On the petitioner's own showing he has remained posted at Allahabad since 27.6.2012, as stated in para 6 of the writ petition, which is more that six years and therefore, he cannot insist that he be allowed to remain at Allahabad itself on the ground that his wife is working in Allahabad as Assistant Lecturer in the Government Inter College, Allahabad in terms of Para 1-(Gha) of the Transfer Policy.
What we find is that by the impugned order, the petitioner has been posted to the nearest District which is Fatehpur. Although in the transfer order it has been mentioned that it is in view of the Transfer Policy of placing husband and wife together as far as possible, but we cannot ignore the fact that such transfer has been made taking into consideration public interest. Para 2 of the Transfer Policy requires the officers of Group A and Group B to be transferred from one station if they have remained at that station for three or more years. If the fact that the petitioner has remained at one station for more than three years (may be six years or ten years) has been mentioned in the recommendation of the Minister concerned, it cannot be said that the transfer of the petitioner is politically motivated. We are not impressed with the political angle which the petitioner has sought to give while challenging the impugned transfer order.
Therefore, considering the facts and circumstances of the case in its entirety, we do not find any illegality or infirmity in the impugned order dated 30.5.2018.
The writ petition lacks merit and is accordingly, dismissed.
Order Date :- 26.7.2018 Kirti