Allahabad High Court
Mohammad Shahran Ali vs State Of U.P. Thru Addl.Chief ... on 5 August, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 16727 of 2021
Petitioner :- Mohammad Shahran Ali
Respondent :- State Of U.P. Thru Addl.Chief Secy. Medical & Health & Ors.
Counsel for Petitioner :- Ganesh Nath Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Ganesh Nath Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
By means of this petitioner the petitioner has assailed the order dated 15.7.2021 passed by the Director, Administration , Medical & Health Services, U.P., Lucknow transferring some persons from one place to another. The name of the petitioner finds place at serial no. 599 whereby the petitioner who is working on the post of Junior Assistant has been transferred from Bareilly to Bahraich in the office of Chief Medical Officer concerned.
The ground to assail the transfer order is that the children of the petitioner are studying at Bareilly and the Education session starts from April to March, therefore, more than four months period have passed since the children of the petitioner are studying at Bareilly and if the petitioner is compelled to submit his joining at Bahraich his children shall not get admission at Bahraich and the petitioner is not able to maintain two settlements at Bareilly and Bahraich being a Class-III employee.
In support of aforesaid contention of learned counsel for the petitioner has drawn attention of this Court towards judgment and order of Apex Court in the case of Director of School Education, Madras & Others Vs. O. Karuppa Thevan & Another [1994 Supp (2) Supreme Court Cases 666] wherein there was an occasion to consider that in case the children are studying and there is likelihood of suffering of their education, the transfer would be interfered till the end of the academic session. relevant paragraph is quoted below :
"2. The tribunal has erred in law in holding that the respondent employer ought to have been heard before transfer. No law requires on employee to be heard before his transfer when the authorities make the transfer for the exigencies of administration. However, the learned counsel for the respondent, contended that in view of the fact that respondent's children are studying in school, the transfer should not have been effected during mid-academic term. Although there is no such rule, we are of the view that in effecting transfer, the fact that the children of an employee are studying should be given due weight, if the exigencies of the service are not urgent. The learned counsel appearing for the appellant was unable to point out that there was such urgency in the present case that the employee could not have been accommodated till the end of the current academic year. We, therefore, while setting aside the impugned order of the Tribunal, direct that the appellant should not effect the transfer till the end of the current academic year. The appeal is allowed accordingly with no order as to costs."
Learned counsel for the petitioner has further submitted that the transfer of the petitioner has been made in public interest as there is no administrative reason transferring the petitioner from Bareilly to Bahraich, therefore, if it is feasible, his transfer may be stayed till the academic session which would be expiring on 31.3.2022. He has further submitted that if there is any administrative exigency transferring the petitioner from Bareilly, he may be accommodated at any nearby place so that he could manage his family affairs at two places.
Both the aforesaid grounds of the petitioner may be considered by the authority competent inasmuch as this Court shall not enter into the domain of the authority competent, therefore, the opportunity is given to the petitioner to prefer a fresh representation to the Director, Administration, Family & Health Services, U.P., Lucknow taking all grounds which are available to him enclosing all the documents which are necessary for the disposal of the representation of the petitioner within one week and if such representation is preferred by the petitioner, the authority competent shall pass appropriate orders strictly in accordance with law / policy by speaking and reasoned order with expedition preferably within a period of three weeks from the date of production of certified copy of the order of this Court.
For the period of one month from today or till the disposal of representation of the petitioner whichever is earlier the transfer order so far as it relates to the petitioner shall not be given effect to.
If the petitioner does not prefer the representation within one week from today, he shall not be given the benefit of this order.
In view of above directions, writ petition is disposed of.
Order Date :- 5.8.2021
Om
(Rajesh Singh Chauhan, J.)
