Court No. - 58
Case :- WRIT - A No. - 18015 of 2018 Petitioner :- Vineeta Yadav And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Surya Narayan,Ashok Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are real sisters and are aggrieved by an order of transfer dated 21.05.2018; whereby, they have been transferred from Deoria to Gonda & Siddharthnagar, respectively. Various personal difficulties have been pointed out in order to contend that the order of transfer is bad in law. It is also stated that order of transfer has been passed on the basis of a recommendation made by the political person and that, petitioners were, otherwise, not liable to be transferred as per the policy.
Learned standing counsel points out that petitioners hold transferable post and that, transfer is not alleged to be in violation of the service Rules. It is pointed out that petitioners are continuing at the same district since 2011 and 2016 respectively. The transfer is made, otherwise, in public interest.
Having considered the submissions advanced and the materials placed before the Court, this Court finds that no interference with the order of transfer is called for, particularly, as the petitioners hold a transferable post and transfer is an incident of service. Law is, otherwise, settled that except in case where rules are violated or allegations of mala fide are established, ordinarily, interference with an order of transfer is not warranted. The challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances of the case, noticed above, it is provided that in case petitioners join at their respective place of posting, pursuant to the order of transfer, forthwith, they shall be at liberty to represent in the matter before the authority concerned within a period of two weeks from today, which shall be dealt with in terms of transfer policy within a further period of two months, thereafter. The individual hardship of the petitioners shall be taken note of as petitioners are ladies and their mother is reported to be seriously ill.
With the observation, aforesaid, this petition stands disposed of.
Order Date :- 24.8.2018 Amit Mishra