The petition seeks issuance of a writ in the nature of certiorari quashing impugned transfer order dated 25.12.2020 (Annexure - 1) passed by respondent no.5/Police Commissioner, Lucknow, so far as it relates to the petitioner.
Learned counsel for the petitioner has submitted that the petitioner has been transferred vide impugned order dated 25.12.2020 from Lucknow to Ayodhya Region. The petitioner's name finds mention at Sr. No. 620 of the impugned transfer order. Learned counsel has invited attention of the Court towards Government Order dated 29.03.2018 (Annexure - 3) and submitted that transfer of a physically disabled employee of the State Government is barred. It is submitted that the petitioner herein is 70% disabled and therefore, she is protected by the aforesaid government order.
Learned counsel has relied upon a judgment of this Court dated 19.01.2021 rendered in Writ Petition No.9678 (SS) of 2020 titled 'Laxmi Kant Misra v. State of U.P. & Ors.' and submitted that the issue involved in the instant petition is covered by the said judgment, as in the said petition also, transfer order of a disabled person was challenged and set aside.
At last, learned counsel for the petitioner has made an innocuous prayer that the case of the petitioner may be considered in the light of judgment dated 19.01.2021 (supra).
Per Contra, learned counsel for the State has vehemently opposed the submissions made by petitioner's counsel and submitted that the petitioner is working on a transferable post. It is settled law that posting of any employee is entirely upon the competent authority to decide when, where and at what point of time a public servant is to be transferred from his present posting. Transfer is not only an incident but an essential condition of service and it does not affect the condition of service in any manner. In such circumstances, the instant petition is devoid of merit and be dismissed as such.
I have heard learned counsel for the parties and perused the record, including the aforesaid Government Order as well as judgment dated 19.01.2021 (supra).
In view of the above and in the interest of justice, the petitioner is directed to move a representation alongwith a copy of this order as also a copy of judgment dated 19.01.2021 passed in Writ Petition No.9678 (SS) of 2020 before respondent no.3/Deputy Inspector General of Police (Karmik), Headquarters, Lucknow, U.P., within seven days from today, who shall consider representation of the petitioner in the light of Government Order dated 29.03.2018 as well as judgment dated 19.01.2021 (supra) and decide the same by a reasoned order within one month from the date of receipt of the said representation.
Till decision on the representation of the petitioner so filed, the authority concerned shall not pass any relieving order. However, in case the representation is not filed within the aforesaid period, the benefit of this order shall not be available to the petitioner.
With the aforesaid directions, the instant petition is disposed of.
Order Date :- 25.1.2021 nishant/-