Virendra Kumar Srivastava vs State Of U.P. And 4 Ors.
2017 Latest Caselaw 2348 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 29980 of 2017
 

 
Petitioner :- Virendra Kumar Srivastava
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Krishnaji Khare,Mrityunjay Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Krishnaji Khare, learned counsel for the petitioner and Sri Mohit Kumar Shukla, learned Standing counsel for the State-respondents.

Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 30.06.2017 by which the petitioner has been transferred from Irrigation Division, Kanpur Dehat and attached to Bairaj Construction Division, Kanpur.

It is contended by Sri Khare that in a short span of two years the petitioner has been transferred on three occasions; (i) On 20.09.2015 petitioner has been transferred from Kanpur Nagar to Jhansi; (ii) On 31.03.2016 he has been transferred from Jhansi to Kanpur Dehat and (iii) Now, by the impugned order, number of persons have been transferred on their request and it is the petitioner who has been transferred without his request and without considering the facts that the petitioner is going to retire on 30.11.2017. It is further contended that in view of recent transfer policy of the government, he ought to have been transferred, if necessary, either in the public interest or on the administrative ground or on his choice. It is also stated in paragraph 7 of the writ petition that no one has been transferred at the place of petitioner at Irrigation Division, Kanpur Dehat.

Learned Standing Counsel is directed to seek instructions and inform the Court as to under which special circumstances the policy of the State Government has been breached when the petitioner is on the verge of his retirement.

Put up this case on 18.07.2017 as fresh.

Order Date :- 13.7.2017

Swati