Heard Counsel for the petitioner and the Standing Counsel on behalf of the respondents.
The petitioner in the instant writ petition has assailed the transfer order dated 7.9.2009 passed by the opposite party no.3.
The petitioner is Child Development Project Officer. In compliance of the transfer order dated 16.6.2009, the petitioner joined at the transferred place of posting. On 15.7.2009, the order of transfer dated 16.6.2009 was cancelled and the petitioner was directed to report for duty at the earlier place of posting. In compliance of the order dated 15.7.2009, the petitioner reported for duty on 16.7.2009. The grievance of the petitioner is that by means of impugned order dated 7.9.2009 passed by the opposite party no.4, the petitioner has been relieved in absentia from Bal Vikas Pariyozna, Lalganj. Further, the frequent transfers has caused serious problems not only to the petitioner but the entire family. Moreover, being a widowed lady, the responsibility of the family rests upon her.
Having considered the submissions made by the Counsel for the parties, I am of the view that the petitioner has unnecessarily been subjected to frequent transfers. No doubt, the petitioner can be transferred from one place to another but frequent transfers without justifiable reasons have always been struck down by this Court as well as by the Apex Court.
In view of the above, the impugned order of transfer passed in compliance of the order of the District Magistrate dated 7.9.2009 and the order dated 7.9.2009 passed by the District Magistrate so far as it relates to the petitioner are hereby quashed. The petitioner 2 shall be allowed to function as Bal Vikas Pariyozna, Lalganj, Rae- bareli. It is informed that the petitioner has also not bee paid salary since September, 2009. The opposite parties are directed to release the salary within a period of three weeks and pay the salary regularly in accordance with Rules.
The writ petition is allowed in above terms. However, liberty is granted to the opposite parties to transfer the petitioner at the time of routine transfers of the Officers.
8.1.2010 HM/-