Court No. - 38
Case :- WRIT - A No. - 10666 of 2019 Petitioner :- Vijay Kumar Pandey Respondent :- State Of U P And Another Counsel for Petitioner :- Amulya Ratan Srivastava,Rajendra Kumar Counsel for Respondent :- C.S.C.,Siddhartha Singh
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.7.2019:-
"An order of transfer dated 28.6.2019 is challenged on the ground that petitioner is a class IV employee and he ought not to have been transfered from Kushinagar to district Khiri. Submission is that in terms of the transfer policy class IV employee ought not to have been transferred to a far of place and ought to have been shifted in the same district, and in the absence of vacancy, in an adjoining district.
Sri Siddhartha Singh, learned counsel appearing for the respondent no.2 may obtain instructions in the matter, by the next date fixed.
Put up as fresh on 26.7.2019.
Till the next date of listing, petitioner shall not be relieved unless he has already been relieved."
Sri Siddharth Singh, learned Standing Counsel has obtained instructions, according to which petitioner has continued at a place for more than 25 years. It is stated that the petitioner has been provided official accommodation to stay at the present place of posting and would be extended similar benefit at the place where he has been transferred. It is stated that no inconvenience would be caused to the petitioner in case he joins at his transferred place.
Admittedly, petitioner holds a transferable post and transfer is an incidence of service. Petitioner has otherwise completed more than 25 year at the present place of posting. There is no malafide or violation of rules alleged. In such circumstances, no interference with order of transfer is called for.
In the facts and circumstances of the case, 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, before the authority concerned, within a period of two weeks of his joining. In case such a representation is made, the authority concerned would examine the feasibility of posting of petitioner at the place, near by the place where petitioner is working.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.7.2019 n.u.