Smt. Mira Singh vs State Of U.P. Thru Prin.Secy. ...
2019 Latest Caselaw 5978 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE SINGLE No. - 18711 of 2019
 

 
Petitioner :- Smt. Mira Singh
 
Respondent :- State Of U.P. Thru Prin.Secy. Medical & Health & Family &Ors
 
Counsel for Petitioner :- Anurag Narain,Shailendra Kumar Misra,Vipin Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

By means of the present writ petition, the petitioner has assailed the order of transfer dated 29.6.2019, whereby the petitioner has been transferred from Joint Hospital Ambedkar Nagar to Office of Chief Medical Officer, Basti.

Assailing the aforesaid order, submission of learned counsel for the petitioner is that the petitioner is presently holding the post of Upper Division Clerk and is going to retire within five months. Next submission of learned counsel is that in the transfer policy of the State Government dated 29.03.2018 under Clause 11(X), it has been provided that the employees, who are going to retire within two years, shall be posted by taking consent from them. The policy of the State Government has not been taken into consideration while passing the impugned order. Therefore, there is violation of the policy of the State Government itself.

On the other hand, learned Standing Counsel pointed out that the petitioner has remedy to approach the State Government if he has some personal difficulty and if there is violation of transfer policy issued by the State Government on 29.03.2018. He further submitted that transfer is exigencies of service and has been made in the public interest. Therefore, no interference is required by this Court.

Having heard the rival contentions advanced by learned counsel for the parties, I perused the material on record.

The State Government has framed the transfer policy dated 29.03.2018. Under Clause 11(X) of the aforesaid policy, it has been provided that the employees, who are going to retire within two years, shall be posted after taking consent from them in the consented district.

On perusal of the material on record, it is established that the petitioner is going to retire within five months. In view of the policy of the State Government and taking into consideration the present facts and circumstances of the case, there shall be no justification to transfer the petitioner for a period of five months.

In view of the above, the petitioner has made out a prima facie case for grant of interim order.

Learned counsel for the respondents prays for and is allowed three weeks' time to file counter affidavit.

Rejoinder affidavit, if any, may be filed within one week thereafter.

List immediately after expiry of the aforesaid period.

Till the next date of listing, the effect and operation of the order dated 29.6.2019 shall remain stayed.

Order Date :- 9.7.2019

GK Sinha