Court No. - 58
Case :- WRIT - A No. - 13177 of 2018 Petitioner :- Swadesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava,Vikram Bahadur Singh
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the authorities to consider petitioner's application for transfer from Fatehpur to Kanpur Nagar.
Learned counsel for the respondents points out that petitioner was earlier transferred from Sant Kabir Nagar to Fatehpur in the year 2016. It is stated that petitioner otherwise is a member of District Level Cadre and transfer from one district to another is in the nature of exception. It is also stated that in terms of Government Order applicable, petitioner could make an application online, but no such application has been filed. It is, therefore, submitted that petitioner's application is not liable to be entertained.
In the facts and circumstances, this Court finds substance in the objection raised by the respondents, inasmuch as the transfer from one district to another would be a transfer made out of the cadre, since petitioner is a teacher in District Level Cadre. Such transfer can only be by way of exception. In terms of the policy, petitioner has otherwise not made an application. At this stage, therefore, petitioner's application is not liable to be considered. It is, however, provided that as and when a fresh policy is framed and application for transfer is invited, it shall be open for the petitioner to apply, and his application shall be dealt with, in accordance with law.
Subject to the observations made above, this writ petition is consigned to records.
Order Date :- 30.5.2018 Anil