Allahabad High Court
Smt. Sharda Devi vs State Of U.P. Thru Special Mahila ... on 28 March, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 8333 of 2019
Petitioner :- Smt. Sharda Devi
Respondent :- State Of U.P. Thru Special Mahila Evam Bal Vikas Lko. & Ors.
Counsel for Petitioner :- Manish Singh Chauhan
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Manish Singh Chauhan, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the order dated 06.12.2018, which is said to have been received to the petitioner on 14.01.2019, passed by the Special Secretary, Mahila Evam Bal Vikas, Anubhag-2, Government of U.P., Lucknow, whereby the representation of the petitioner dated 22.09.2018 has been rejected. The aforesaid representation was preferred by the petitioner in compliance of order dated 04.10.2018 passed in Writ Petition No.28665 (S/S) of 2018. The main grievance of the petitioner, which was placed in the earlier writ petition, is that her husband has already died on 25.05.2018 and she is having one son, who is studying in Class-IX at Lakhimpur Kheri and if she is transferred to Bahraich in a mid session pursuant to the aforesaid transfer order, she would not be able to get her son admitted at Bahraich.
By means of representation rejection order dated 06.12.2018, the aforesaid contention of the petitioner has categorically been considered in para-2 of the said order but the said contention has not been dealt with by the opposite parties by a speaking and reasoned order inasmuch as no reason has been assigned by the authority concerned to disagree with the aforesaid contention of the writ petition.
The petitioner has also assailed the aforesaid order dated 06.12.2018 on the ground that the Competent Authority of the petitioner to pass the order is Director, Bal Vikas Sewa Evam Pushtahar, U.P., Lucknow, but this order has been passed by the Special Secretary, Government of U.P., who is not the Competent Authority.
Lastly, the petitioner has submitted that she shall be retiring in the month of August, 2020 i.e. within a period of two years and as per the transfer policy if the incumbent is to retire within a period of two years, her/ his request for posting at her / his choice place may be considered unless there is any administrative exigency.
Learned counsel for the petitioner has apprised the Court that in compliance of the transfer order she has already submitted her joining at Bahraich but after joining she preferred a representation dated 18.02.2019, which is contained as Annexure No.10 to the writ petition, to the Director, Bal Vikas Sewa Evam Pushtahar, U.P., Lucknow apprising her bonafide grievance making request that the transfer order dated 19.09.2018 may be cancelled and she may be permitted to discharge her duties at Lakhimpur Kheri.
Learned counsel for the petitioner has also apprised the Court that however she has submitted her joining at Bahraich but her only son is studying in Class-IX is residing at Lakhimpur Kheri and there is nobody to look after him, therefore, the petitioner is facing a lot of difficulties in managing the things, as aforesaid.
Having heard learned counsel for the petitioner and considering the material on record, I find substance in the submission of learned counsel for the petitioner as the matter requires consideration.
This is a trite law that if any employee is facing serious hardship on account of transfer order and there is any policy to reconsider the transfer, the same should be considered. In the present case, the impugned order dated 06.12.2018 is absolutely non-speaking so far as the grievance of the petitioner which has however been referred, but not considered.
Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of three weeks thereafter.
List immediately after expiry of the aforesaid period.
Till the next date of listing, the operation and implementation of the office memo dated 06.12.2018, which is contained as Annexure No.1 to the writ petition, as well as the transfer order dated 19.09.2018, which is contained as Annexure No.2 to the writ petition, shall be kept in abeyance and the petitioner shall be permitted to be posted at Lakhimpur Kheri where she was serving before passing the transfer order dated 19.09.2018 and she shall be paid her regular salary each and every month as and when the same falls due.
Order Date :- 28.3.2019/Suresh/
[Rajesh Singh Chauhan,J.]
