Court No. - 38
Case :- WRIT - A No. - 11167 of 2019 Petitioner :- Suman Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suyash Pandey,Nand Lal Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been transferred from Jhansi to Lalitpur vide order dated 28.06.2019. The order of transfer is assailed on the ground that petitioner is left with less than two years to retire, and therefore, in terms of the transfer policy she ought to have been kept out of the transfer chain and posting ought to have been offered as per her choice.
Learned Standing Counsel points out that petitioner is continuing in the same district for more than 10 years.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. She is otherwise continuing in the same district for the last 12 years. No interference with the order of transfer is, therefore, called for.
In the facts and circumstances, however, it is provided that in case petitioner joins at the transferred place, forthwith, pursuant to the order of transfer, she shall be at liberty to make a representation after her joining before the authority competent along with certified copy of this order. In case petitioner does so, the authority concerned shall deal with the grievance of the petitioner in terms of the transfer policy dated 29th March 2018 ans a specific order would be passed within a further period of six weeks, thereafter. Petitioner's further continuance shall abide by the fresh order to be passed on his representation, as indicated above. Petitioner's plea that her husband is posted in the same district, and therefore, she be considered for posting at a place where her husband is posted, shall also be examined, in terms of transfer policy.
With the aforesaid observations, this petition is consigned to records.
Order Date :- 26.7.2019 M. ARIF