Heard Sri Sanjay Shukla learned counsel for the petitioner and Sri A.P. Shukla for the Jal Nigam.
The petitioner has been transferred from Raibareli to Kanpur by the impugned order dated 14.12.2009 contained as Annexure no. 1 to the writ petition. The petitioner has preferred this writ petition solely on his personal and family circumstances. The petitioner says that his daughter Km. Anjali is a student of Class XIIth which is a final year of Intermediate. The examination as expected are going to be held in the month of March and April 2010. There are other family circumstances which will create difficulty if the petitioner joins at Kanpur.
These are not good grounds for interference by the High Court in a transfer matter. The Hon'ble Supreme Court in a number of judgments has stated that the High Court should normally not interfere with the administrative works of the executive. However, the court feels that the transfer as alleged by the petitioner is a mid-term transfer. We are in the month of January and the session of any college beyond High School normally runs from June to July .
Under the circumstances a mid-term transfer does necessarily create a situation where the employee has to set up two family stations one for himself and other for his children. It is but natural that a person running two establishments necessarily becomes less efficient and the output of his work normally reduces because of this tension and compulsory commutation between two places. The court feels that the higher officer while passing the transfer orders in mid term should keep in mind. The order has not been passed on administrative grounds which prima facie gives an impression that there are no complaint against the petitioner and it has been done in the public interest. Public interest is a very subjective matter. Accordingly, the court feels that the petitioner should be given an opportunity to approach the opposite party no. 2 through a representation stating the various difficulties felt by him and his family.
Accordingly, it is directed that if such a representation is filed before the opposite party no. 2 he shall take a decision expeditiously, say within a period of 15 days from the date a certified copy of this order is placed before him.
With this observation the writ petition is finally disposed of.
Order Date :- 12.1.2010 Om.