Heard Sri S. K. Singh Kalhans, learned counsel for the petitioner as well as learned Standing counsel for the State.
The petitioner has been transferred from Intelligence Headquarter, Lucknow to District-Deoria vide order dated 7th May, 2012. Petitioner says that vide order dated 14.1.2011, as contained in Annexure No.3 to the writ petition, he was transferred from Deoria to Lucknow on his own request. Within a period of eight months, the petitioner was transferred from Lucknow to Gorakhpur vide order dated 9.8.2011. Lateron the department itself stayed that order till 31st Mach, 2012. Now the petitioner has been transferred back to Deoria. The petitioner has argued that once the department has transferred the petitioner on compassionate grounds and has allowed him to join on his own expenses, they are stopped from transferring him again so long as the reasons for compassion exist.
The argument has force. Once the Government allows an application of transfer on compassionate ground, then it is incumbent upon the Government not to transfer the applicant unless the grounds for compassionate transfer are mitigated. The very purpose of allowing the transfer on the own request of the petitioner will be defeated if the case of the petitioner is considered casually in annual chain of transfers. The case should be considered on merits separately, taking into account the earlier stand taken by the State Government.
Learned Standing counsel prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit may be filed within a week after that. List thereafter.
Meanwhile, the implementation of the order dated 7.5.2011 (wrongly mentioned as 07.05.2011 instead of 07.05.2012) passed by opposite party No.2-Superintendent of Police (Establishment), Intelligence Headquarter U.P., Lucknow, as contained in annexure No.1 to the writ petition, so far it relates to the petitioner, shall remain stayed.
However, it is made clear that the opposite parties will be at liberty to transfer the petitioner at the end of the session in the exigency of service in future, taking all the facts into consideration, if need be.
Order Date :- 16.5.2012 RKM.