Allahabad High Court
Pradeep Agrawal vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 9908 of 2019
Petitioner :- Pradeep Agrawal
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Hari Shankar Chaurasia
Counsel for Respondent :- C.S.C.,Abhishek Srivastava
Alongwith
Case :- WRIT - A No. - 9670 of 2019
Petitioner :- Pradeep Agrawal
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anup Swaroop Srivastava
Counsel for Respondent :- C.S.C.,Abhishek Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
Challenge to the transfer order dated 25.06.2019 in the Writ Petition No.9908 of 2019 is based on the ground that the transfer order is in violation of the transfer policy dated 03.06.2019 framed by the U.P. Power Corporation Limited for the purpose of transfer and posting of the officers and employees of the Corporation in different wings of the Corporation. It is contended that the petitioner is working at District Hathras which falls within the jurisdiction of Dakshinanchal Vidyut Vitran Nigam Limited. Now by the transfer order dated 25.06.2019 he has been sent from Dakshinanchal to Purvanchal Vidyut Vitran Nigam. It is contended that the transfer from one DISCOM to another DISCOM cannot be made in a routine manner but can only be in exceptional circumstances as mentioned in clause 8(ii) of the transfer policy. It is further contended that the cut off date for transfer of an officer or employee of the Corporation as provided in clause 8 (vii) of the transfer policy is 31.03.2019. There was no justification for transfer of the petitioner on 25.06.2019 i.e. beyond the cut off date.
Lastly, it is argued that the petitioner has submitted a detailed representation before the Managing Director, U.P. Power Corporation Limited, Lucknow dated 30.04.2019 and a reminder in this regard has also been sent on 14.05.2019, wherein the petitioner has made a request to transfer him to Paschimanchal Vidyut Vitran Limited because of the adverse medical conditions being faced by him. The petitioner has submitted the details of the medical treatment being given to him by the Doctors at Delhi in Fortis Heart Disease Centre, Delhi and Metro Hospital, Noida. The submission is that it would not be possible for the petitioner to get proper treatment while being posted in Purvanchal Vidyut Vitran Limited. The transfer order dated 25.06.2019, therefore, is vindictive, in as much as, instead of considering his request for transferring him to Paschimanchal Vidyut Vitran Nigam, he has been transferred to a far off-region namely Purvanchal Vidyut Vitran Nigam with no proper medical facility.
It is further contended that even the place of posting of the petitioner has not been indicated in the transfer order.
Learned counsel for the respondent-Corporation, however, submits that the petitioner has completed 15 years of service in the DISCOM i.e. Dakshinanchal Vidyut Vitran Nigam. As per clause 2 (ii) of the transfer policy dated 03.06.2019, it was incumbent on the competent authority to transfer the petitioner to another DISCOM. The transfer order dated 25.06.2019 is strictly in accordance with the terms and conditions of the transfer order. As far as the contention of learned counsel for the petitioner that the transfer order has been passed beyond the cut off date i.e. 31.03.2019, it is contended by learned counsel for the respondent that the routine transfer got delayed on account of the General Lok Sabha elections which were held in the month of May, 2019.
Considering clause 2 (ii) of the transfer policy dated 03.06.2019 and the admitted fact of the matter that the petitioner has worked in Dakshinanchal Vidyut Vitran Limited for the period of more than 15 years, this Court is of the considered view that no exception can be taken to the decision to transfer the petitioner. The transfer of the petitioner being in conformity with the transfer policy, as aforesaid, does not require any interference.
However, as to the claim of the petitioner to consider his request to transfer at a place within the jurisdiction of Paschimanchal Vidyut Vitran Nigam looking his ailment, it would be appropriate that the petitioner may make a fresh representation before the Managing Director, U.P. Power Corporation Limited, Lucknow giving details of his ailment and the medical treatment being received by him, alongwith certified copy of this order.
It is made clear that the petitioner has to submit his joining at the Head Office of the Purvanchal Vidyut Vitran Limited at Varanasi within a period of one week from today. In case, the petitioner appears in the Head Office, Varanasi as aforesaid, his joining report shall be accepted immediately and he shall be intimated about the place of posting. The petitioner would be permitted to file his representation before the respondent no.3 i.e. Managing Director, U.P. Power Corporation Limited, Lucknow to transfer him within the jurisdiction of Paschimanchal Vidyut Vitran Limited only after submission of his joining at the place of his posting.
In the event of filing of the representation, the Managing Director of the Corporation shall be required to pass a reasoned and speaking order in accordance with law, preferably, within a period of four weeks from the date of presentation of the same giving due consideration.
Subject to the above observations and directions, both the petitions are disposed of.
Order Date :- 9.7.2019
Himanshu
