Court No. - 36
Case :- WRIT - A No. - 10573 of 2018 Petitioner :- Vinod Kumar Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The petitioner seeks to challenge the transfer order dated 18.4.2018 issued by the Commissioner, Department of Sugarcane, Development and Sugarcane Industry, U.P., Lucknow on the ground that the transfer is against the transfer policy dated 29.3.2018 which clearly contemplates that, as far as possible, the spouse employed in the Government Department should be posted at the same place or nearby place. The wife of the petitioner is working as an Assistant Teacher in a primary school run by Basic Shiksha Parishad at Jaunpur. It is contended that on account of transfer of the petitioner from Jaunpur to Lakhimpur Kheri, his family will face adverse circumstances, inasmuch as, she is undergoing treatment under a Doctor in the medical college affiliated with the Banaras Hindu University. The children of the petitioner are minor and it would not be possible for the petitioner to leave them alone.
For the grievances raised by the petitioner in the present petition, challenging the transfer order, it is noteworthy that the petitioner is posted in District Jaunpur for a period of last more than 8 years. As per own admission of the petitioner, his wife was posted in District Jaunpur since the year 2008 and thus they are working in the same District for a long time. The transfer policy which contemplates that spouses shall be posted in the same District or nearby place, applies equally to both the petitioner and his wife. In case of transfer of the petitioner, his wife can seek transfer to District Lakhimpur Kheri on the same ground i.e. on the basis of the transfer policy dated 29.3.2018 inasmuch as, she is also working in a Government Department.
In view thereof, the submission of learned counsel for the petitioner to challenge the transfer policy is not tenable. In so far as the averments with regard to illness of his wife and the children being minor, it is noteworthy that from the prescription brought on record illness of wife is of minor nature.
It is not stated in the writ petition that the petitioner would not get the requisite medical facility in District Lakhimpur Kheri and would not be able to consult the Doctors at Banaras Hindu University.
The Apex Court in the cases of Rajendra Singh & Ors. v. State of U.P. & Ors. reported in (2009) 15 SCC 178, N.K. Singh v. Union of India & Ors. reported in (1994) 6 SCC 98 and Gujarat Electricity Board v. Atmaram Sungomal Poshani reported in (1989) 2 SCC 602 has held that the Court shall not ordinarily interfere in the transfer matter until and unless the allegations of malafide or violation of Rule is pleaded. The transfer policy is only in the nature of guidance and strict compliance thereof cannot be pleaded to challenge the transfer order.
In view of the above, the writ petition is found devoid of merits.
The petitioner is under obligation to join at the transferred place. However, in case the petitioner joins at the new place of his posting, it would be open for him to make a representation before the Competent Authority raising all his grievances. In such eventuality, the Competent Authority would be under obligation to consider the grievances of the petitioner without being influenced by any of the observations made hereinabove.
Dismissed as such.
Order Date :- 25.4.2018 Jyotsana