Heard learned counsel for the petitioners and learned standing counsel for the respondents in both the writ petitions.
First Writ Petition This writ petition has been filed by two petitioners.
Petitioner no.2 is General Secretary of petitioner no.1 Lekhpal's union. Out of 384 lekhpals working in different tehsils of District Ballia, 254 lekhpals have been transferred by the order dated 23.5.2012, Annexure 1 to the writ petition passed by Chief Revenue Officer, Ballia which has been challenged through this writ petition (para 6 of the writ petition). Court fees of Rs.27000/- and odd has been paid i.e. Rs.100/- for each transferred lekhpal. All the transfers are intra district in the sense that each of the affected lekhpals has been transferred from one Tehsil of Ballia to another Tehsil of Ballia. The main ground taken in the writ petition is that the transfer order is in the teeth of notification of the Election Commission dated 23.5.2012. The said notification was issued in respect of elections of local bodies. The said elections are over since long and the notification has been withdrawn.
The other ground is that 70% of lekhpals have been transferred without seeking approval of the minister concerned as required by transfer policy. The restriction of transfer of not more than 15% employees applies to transfer beyond districts. Lekhpals are normally not transferred beyond districts. In the instant case also no lekhpal has been transferred beyond district Ballia still petitioners are not satisfied. This is very strange. From the transfer list dated 23.5.2012 it appears that the transferred lekhpals were working for several years in same Tehsils. Some were working for 28 years, some for 27 years, more than 40 transferred lekhpals were working for 17 years, about 40 were working for 16 years. No transferred lekhpal had worked at the Tehsil from where he was transferred for less than 10 years. This was a horrible state of affairs. They ought to have been transferred earlier. In any case the requirement of seeking approval of minister for more than 15% lekhpals is merely directory. Accordingly, I do not find least error in the impugned transfer order.
Writ petition is dismissed.
If within a week transferred lekhpals do not join at the transferred place, adverse entries shall be made in their service records and if considered appropriate disciplinary proceedings may also be initiated.
Second Writ petition This writ petition has also been filed by two lekhpals who have been transferred against the same order dated 23.5.2012 which was challenged through the earlier writ petition. Their names are at serial no.12 and 44 in the general transfer order dated 23.5.2012. In respect of those transferred lekhpals who were working at Tehsil Sadar Ballia, consequent order was passed on 24.5.2012 relieving them including two petitioners. Transfer order and relieving order in this writ petition has also been challenged on the same grounds on which it was challenged in the earlier writ petition. This writ petition is also dismissed on the same grounds on which earlier writ petition has been dismissed. Petitioners should also join within a week otherwise adverse entries shall be made and disciplinary proceedings if considered necessary may also be initiated against them.
Order Date :- 1.11.2012 vkg