Court No. - 38
Case :- WRIT - A No. - 11324 of 2019 Petitioner :- Suraj Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 28.6.2019, whereby petitioner has been transferred from Bulandshahr to Prayagraj.
The order is assailed on the ground that petitioner's mother is physically disabled and that petitioner ought to have been kept out of annual transfer. Reliance is placed upon transfer policy dated 29.3.2018.
Petition is opposed by learned Standing Counsel by stating that petitioner holds a transferable post and is continuing at Bulandshahr ever since his initial appointment.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. It is pointed out that petitioner is continuing at the same station since long. In such circumstance if petitioner has been transferred from the present place of posting, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances, it is provided that in case petitioner joins at the transferred place forthwith, it would be open for him to represent his grievance against the order of transfer, highlighting his personal difficulties, before the authority competent within a week of his joining. In case petitioner does so, the authority concerned shall examine petitioner's grievance in terms of the transfer policy as well as exigency of work, by way of a reasoned order, within a further period of six weeks, thereafter.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 30.7.2019 Ashok Kr.