Court No. - 33
Case :- WRIT - A No. - 14015 of 2021 Petitioner :- Usha Rani Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Hemant Kumar Rai Counsel for Respondent :- A.S.G.I.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was earlier transferred from Aligarh to Gandhi Nagar (Gujrat). Such order of transfer has been modified by requiring the petitioner to join at Rampur in place of Gandhi Nagar. Petitioner is continuing in the same State for the last 17 years.
Order of transfer is assailed on the ground that petitioner is not well and is left with less than two years to retire.
Petition is opposed by Sri Narendra Singh, learned counsel for the respondents.
Admittedly, 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 her to represent his grievance against the order of transfer, highlighting her personal difficulties, before the authority competent within a week of her joining. In case petitioner does so, the authority concerned shall examine petitioner's grievance in terms of the transfer policy, by way of a reasoned order, within a further period of six weeks, thereafter.
Subject to the aforesaid observations, this writ petition is dismissed.
Order Date :- 25.10.2021 Ashok Kr.