Suresh Chandra vs State Of U.P.Thru P.S.Rural ...
2013 Latest Caselaw 6793 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 60134 of 2013
 

 
Petitioner :- Suresh Chandra
 
Respondent :- State Of U.P.Thru P.S.Rural Development Authority Lko.
 
Counsel for Petitioner :- Chandan Sharma,Prashant Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

The petitioner is the Project Director, District Rural Development Agency, Gorakhpur and has been transferred as the District Development Officer, Hamirpur by the impugned order dated 10.10.2013.

Learned counsel for the petitioner submitted that no basis has been given in the transfer order for the transfer of the petitioner and the transfer order is based on pick and choose basis in the mid session, contrary to the Government Transfer Policy for the year-2013-14. It is also submitted that the petitioner is going to retire after ten months.

We have pursued the impugned order.

No doubt, the transfer is the exigency of the service, but if the authority proposes to transfer the person in mid session, some reason should be given for the transfer and not made transfer merely on pick and choose basis. Even the Government's Transfer Policy for the year 2013-14 provides that after the completion of entire process of transfer on 30.6.2013, any transfer can only be made after the approval of the concerned Minister or the Chief Minister, but there is nothing to suggest that any such sanction has been taken.

In view of the above, the matter requires consideration.

Learned Standing Counsel prays for and is granted two weeks time to file counter affidavit. Rejoinder affidavit may be filed within one week.

Put up on 20.11.2013 as fresh.

Till the next date of listing, if the petitioner has not been relieved, he may be allowed to continue on the post held by him.

Order Date :- 30.10.2013

OP