Court No. - 36
Case :- WRIT - A No. - 10310 of 2021 Petitioner :- Sheela Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Amar Nath Singh Counsel for Respondent :- C.S.C.,Shailesh Kumar Shukla
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents.
Pursuant to the order of this Court dated 17.08.2021, learned Standing Counsel produced instruction dated 07.09.2021, which is taken on record. As per instruction, he submitted that after receiving certain complaints, petitioner has been transferred only 3 Kms. away from her present place of posting. Further, after transfer, petitioner has threatened respondent No. 3 for which F.I.R. has also been lodged against her on 07.09.2021. He has also placed reliance upon the judgment of Apex Court in the matter of Mamrata Verma Vs. State of U.P. and others (Special Leave to Appeal (C) No. 36717 of 2017 which says that it is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer as employee considering the requirement.
Under such facts and circumstances of the case, once the petitioner has been transferred only 3 Kms. away from her present place of posting, she cannot insist to transfer her at a particular place in the light of judgment of Apex Court in the matter of Mamrata Verma (Supra).
Accordingly, writ petition is dismissed. Order Date :- 24.9.2021 Sartaj