Ganga Sharan Singh vs State Of U.P. Thru Secy. And 2 ...
2014 Latest Caselaw 6532 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 40068 of 2014
 

 
Petitioner :- Ganga Sharan Singh
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- K.D. Tiwari,Narsingh Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is aggrieved by the transfer order dated 15.7.2014, whereby he has been transferred from Government Post Graduate College, Pachwas, Basti to Government Post Graduate College, Pachpedwa, Balrampur.

It is stated by the counsel for the petitioner that the wife of the petitioner is having indifferent health and in case the transfer is not stayed petitioner shall suffer irreversible loss.

Learned standing counsel has received instruction. It is taken on record. The instruction reveals that the petitioner has been transferred for the first time in 15 years of his service.

Learned counsel for the petitioner states that the petitioner was not well, therefore, he could not comply with the transfer order. Now he is ready to join at the transferred place. He further submits that one post of Class IV employee is vacant in the Government Girls College, Araiya, Basti. Taking into consideration the facts and circumstances of the case, the writ petition is disposed of with the following directions.

(i) The petitioner shall join at the transferred place within two weeks.

(ii) In the event, the petitioner joins the post, he will be at liberty to file a represetnation before the Director, Higher Education for his transfer in Government College, Araiiya, Basti if there is any vacancy.

(iii) The Director shall consider the representation of the petitioner and pass appropriate orders directing that the petitioner's arrears of salary, if any, shall be paid.

The interim order shall continue till joining of the petitioner i.e. two weeks from the date of receipt of this order.

Order Date :- 16.9.2014

SKS