Tika Ram vs State Of U.P. Thru Prin.Secy. Home ...
2019 Latest Caselaw 5980 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 
Case :- SERVICE SINGLE No. - 18616 of 2019
 
Petitioner :- Tika Ram
 
Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors.
 
Counsel for Petitioner :- Yogendra Mishra,Dinesh Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.

Under challenge is the order dated 29.06.2019 by which the petitioner, Group C employee has been transferred on the basis of transfer policy in public interest from Shajahanpur to Fathepur.

Learned counsel for the petitioner contends that the transfer policy which the respondents have professed to have followed while passing the impugned transfer order, a copy of which is annexure 2 to the petition itself provides in Para 11 (XI) that Group C and Group D employees whose cases are covered by Para 1 of the transfer policy can be transferred. Para 1 (Ka) provides that the transfer is to be made on administrative grounds. Sri Mishra, learned counsel for the petitioner contends that once Para 1 (Ka) of the said transfer policy itself provides that transfer can only be made on administrative grounds which has further been elaborated in Para 11 (XI) of the transfer policy, consequently the impugned transfer order transferring the petitioner in public interest on the basis of the transfer policy cannot be sustained.

Another ground is being taken by the petitioner of certain personal difficulties being caused to the petitioner on account of the impugned transfer order having been passed.

Learned counsel for the petitioner submits that in this regard the petitioner has already raised his grievance by means of a representation dated 29.06.2019, a copy of which is annexure-6 to the writ petition to the respondent no. 1, i.e Principal Secretary (Home), Lucknow and it is prayed that the respondent no. 1 be directed to decide the said representation preferred by the petitioner and pass reasoned and speaking order within the specified time. To the said prayer, the learned Standing counsel has no objection.

Consequently, without entering into the merits of the case, the present writ petition is disposed of with the direction to the competent authority i.e respondent no. 1 to decide the pending representation of the petitioner dated 29.06.2019, a copy of which is annexure-6 within a period of four weeks from the date of receipt of a certified copy of this order.

Till then, no coercive steps shall be taken against the petitioner.

Order Date :- 9.7.2019

Pachhere/-