Court No. - 33
Case :- WRIT - A No. - 12688 of 2021 Petitioner :- Subhash Chand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devesh Mishra,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order of transfer dated 27.8.2021, whereby petitioner has been transferred on administrative ground from Shamli to Chunar in district Mirzapur. Various hardships have been highlighted in order to contend that petitioner ought to be accommodated in a nearby district.
Learned Standing Counsel states that in the event petitioner joins at the transferred post his representation shall be dealt with as per law.
As the petitioner holds a transferable post and transfer is an incidence of service, no interference with the order of transfer is called for, particularly as the order itself has been passed after appropriate approval from the establishment board. Challenge laid to the order of transfer, therefore, fails.
In the facts and circumstances, however, it is provided that in case petitioner joins at the transferred place, within two weeks from today, he shall be at liberty to make a representation, highlighting his personal hardships and other grounds, as is raised before this Court, and the authority competent shall accord consideration to such claim as per the policy and in accordance with law, within a further period of two months, thereafter.
Subject to the above observations, this writ petition stands disposed of.
Order Date :- 23.9.2021 Anil