Court No. - 58
Case :- WRIT - A No. - 20143 of 2018 Petitioner :- Tej Prakash Pathak Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 30.5.2018 as well as consequential relieving vide order dated 11.9.2018. Petitioner has been transferred by the said order from Allahabad to Mirzapur. The orders are challenged on the ground that petitioner's son is physically handicapped, and therefore, in terms of the transfer policy, he ought to have been kept out of the routine transfer. It is also stated that upon a representation, the Chief Fire Officer has recommended for petitioner's continuance at Allahabad, which aspect has not been taken note of.
Learned Standing Counsel states that petitioner has been continuing for sufficiently long, and therefore, the orders of transfer do not require any interference.
Admittedly petitioner is continuing for last 08 years in Allahabad. He otherwise holds a transferable post. In such circumstances, as there is no allegation of mala fide or violation of rule alleged, no interference with the order of transfer is called for. 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 forthwith, pursuant to order of transfer, it shall be open for him to make a representation, highlighting his personal hardships, as is raised before this Court, before the authority competent, within a period of two weeks of his joining. In case such a representation is made, the authority concerned shall consider the same, in terms of the transfer policy and in accordance with law, by way of a reasoned order, within a further period of six weeks, thereafter.
With the aforesaid aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 19.9.2018 Anil