Court No. - 39
Case :- WRIT - A No. - 16085 of 2018 Petitioner :- Vijay Narain Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ranjay Kumar,Sri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Ashok Khare, learned senior counsel assisted by Sri Ranjay Kumar, for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 15.7.2018, passed by the Secretary, P.W.D, U.P. Government, whereby, he has been transferred from Sant Kabir Nagar to Mirzapur.
The petitioner is working as Executive Engineer in the Public Works Department and he was posted at Sant Kabir Nagar vide order dated 14.7.2017 and he joined there on 20.7.2017.
The submission of the petitioner is that he has just completed one year of his posting at Sant Kabir Nagar and now he has been transferred to district Mirzapur. It is also submitted that one year service of the petitioner is left and he is going to retire from service in August 2019. Reference has been made to clause (x) of Rule 11 of Transfer Policy/Government Order dated 29.3.2018 (at page 37 to the writ petition) which provides that employees falling under Group 'A' and 'B' and who are going to retire within two years may be posted at the place of their choice other than their home district. According to the petitioner, his home district is Mirzapur and he wishes to remain at Sant Kabir Nagar.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is disposed of with a direction that if the petitioner submits a representation before the Principal Secretary, Public Works Department, U.P. Lucknow, the respondent no.1 within one week from today, the respondent no.1 shall consider and decide the same in accordance with law and in the light of the observations made above and pass a reasoned order within 15 days thereafter.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 27.7.2018 sfa/