Court No. - 58
Case :- WRIT - A No. - 15569 of 2018 Petitioner :- Umesh Verma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 19.6.2018, whereby petitioner has been transferred from Gautam Budh Nagar to Ambedkar Nagar.
The order is assailed on the ground that it is punitive in nature and petitioner has not completed requisite number of years and he will continue at one place for 15 year. It is also stated that the order of transfer is bad in law.
Learned Standing Counsel submits that petitioner has otherwise completed more than three year at one station and since there are no allegations of malafide or violation of statutory rules, the order of transfer is not liable to be interfered with.
It is not in dispute that petitioner holds a transferable post and the transfer is an incidence of service. Petitioner has otherwise completed more than three year at the present place of posting. Although certain allegations of malafide appears to have been made in the writ petition, but none of persons connected with the allegations are made party in the petition. In view of the law settled that in the absence of violation of statutory rules or allegations of malafide, no interference with 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 for being adjusted at some nearby station as petition has been transferred from Gautam Budh Nagar to Ambedkar Nagar, 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 two months, thereafter.
With the aforesaid aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.7.2018 Ashok Kr.