Court No. - 36
Case :- WRIT - A No. - 18962 of 2019
Petitioner :- Yogendra Pratap Srivastava
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Prakash Chandra Srivastava,Vishnu Prakash
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
Petitioner, who is working as Kanisth Sahayak is before this Court assailing the validity of order dated 29.06.2019 passed by third respondent whereby he has been transferred from Gautam Budh Nagar to Aligarh. A statement of fact has been made that on account of letter wrote by Chief Medical Officer, the petitioner has stayed at Gautam Budh Nagar in spite of the aforesaid transfer order and now he has been released to join the transferred place whereas the education of petitioner is in mid session.
Learned Standing Counsel has vehemently opposed the writ petition and submits that there is hardly any scope of interference with the order impugned in view of the dictum of Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583.
Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.
In view of this, as far as this Court is concerned, this Court cannot come to rescue of the petitioner and remedy of petitioner is to represent his claim before the competent authority and in case such a representation is moved within ten days from today, the same be decided, in accordance with law, preferably within next three weeks from the date of receipt of representation alongwith certified copy of this order and if possible sympathetic view would be taken in the matter. For the aforesaid period or till the disposal of said representation, whichever is earlier, the status quo as of today shall be maintained by the parties.
With these observations, the Writ Petition is disposed of.
Order Date :- 28.11.2019
A. Pandey