Heard Sri Anand Prakash Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition the petitioner has assailed the transfer order dated 15.7.2021 passed by the Director, Administration, Medical & Health Services, U.P., Lucknow transferring as many as 984 employees from one place to another in the State of U.P.. The name of petitioner finds place at serial no. 596 whereby the petitioner who is serving on the post of Junior assistant has been transferred from District Hospital, Raebareily to the office of Chief Medical Officer, Ballia in the same capacity.
The learned counsel for the petitioner has drawn attention of this Court towards Annexure no. 7 which is a representation dated 20.7.2021 preferred by the petitioner to the transferring authority through proper channel and the competent authority at Raebareily i.e. Chief Medical Superintendent has forwarded said representation of the petitioner to the transferring authority for passing appropriate order but the said representation has not been decided till date. However, the petitioner has not been relieved from Raebareily and is still discharging his duties at Raebareily.
The ground so taken in the representation as well as in the writ petition are that one of the daughters of the petitioner is studying in Class X and she will have to appear in the forthcoming Board examinations in the year 2022, therefore, if the petitioner is compelled to proceed for the transferred place the studies of his daughter shall be affected adversely. He has also submitted that the old aged mother of the petitioner is seriously ill and her treatment is going on at Lucknow and the wife of the petitioner is also serving at District Hospital, Raebareily as 'Contract Counselor'. Learned counsel for the petitioner has further submitted that if the transfer of the petitioner is required as per the policy decision from Raebareily to anywhere, the petitioner may be accommodated at some nearby place so that he could discharge his official duties as well as the family responsibilities.
Sri Singh has drawn attention of this Court towards the dictum of Apex Court whereby the Hon'ble Apex Court has observed that the studies of the children may not be compromised transferring an employee if there is no administrative exigency to that effect.
Per contra, the learned Standing counsel has submitted that the transfer being an incident of service, therefore, it may not be interfered ordinarily. He has further submitted that if the transfer order of the petitioner is stayed the entire chain of employees who have been transferred would be affected.
Be that as it may, the petitioner has already preferred a representation dated 20.7.2021 to the transferring authority through proper channel and the same has been forwarded by the said authority, therefore, the transferring authority shall take appropriate decision on the representation dated 20.7.2021 strictly in accordance with law / policy considering the compassion of the petitioner by a speaking and reasoned order with expedition preferably within a period of three weeks from the date of production of certified copy / computer generated copy of the order of this Court and the decision thereof shall be communicated to the petitioner forthwith.
Till the disposal of the representation of the petitioner no coercive action shall be taken against the petitioner.
It is also provided that no prejudice shall be caused to the petitioner for the reason that the petitioner has approached this Court assailing the transfer order.
In view of above, writ petition is disposed of.
Order Date :- 12.8.2021 Om (Rajesh Singh Chauhan, J.)