Allahabad High Court
Ram Babu Verma And Another vs State Of U.P. Thru. Prin. Secy. ... on 6 August, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 16554 of 2021
Petitioner :- Ram Babu Verma And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Medical Lko. And Ors.
Counsel for Petitioner :- Amrendra Nath Tripathi,Ganesh Nath Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard.
This Court has passed the order dated 03.08.2021 as under:-
"Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioners and Ms. Parul Bajpai, learned Standing Counsel for the State-respondents.
By means of this petition, the petitioners have assailed the transfer order dated 15.7.2021 whereby the petitioners have been transferred from Kanpur to Jalaun on the administrative ground.
Learned counsel for the petitioners has submitted that the reason so indicated in the impugned order in respect of administrative ground is absolutely false inasmuch as there was no quarrel between both the petitioners, who are husband and wife. He has further submitted that son of the petitioners is studying in Class-XII in Kanpur, who is to appear in the Board Examination in the year 2022, therefore, if both the petitioners are transferred from Kanpur to Jalaun, the study of their son shall be affected adversely.
Since this is a transfer made on administrative ground/ public interest, therefore, three days' time is granted to the learned Standing Counsel to seek complete instructions in respect of administrative reasons pursuant to which transfers of both the petitioners have been made. If any fact finding enquiry has been conducted so as to ascertain the administrative reason, the said enquiry report shall be produced before this Court.
List/ put up on 6.8.2021 as fresh in the additional cause list."
Learned Standing Counsel, on the basis of instructions, has informed the Court that the impugned transfer order dated 15.07.2021 has been passed strictly as per Transfer Policy viz-a-viz considering one relevant fact that both the petitioners were in a habit to quarreling for trivial issue and since both are discharging their duties in the same office, therefore, the atmosphere of the office is affected, hence, a conscious decision has been taken that both the petitioner be transferred from District-Kanpur to District-Jalaun. Learned Standing Counsel has submitted that so far as the study of son of the petitioners who is studying in Class-XII in Kanpur is concerned, no instructions have been received.
Sri Amrendra Nath Tripathi, learned counsel for the petitioner has submitted that administrative grounds transferring the petitioners from Kanpur to Jalaun is still under inquiry as the inquiry has not been completed in that matter. Therefore, pending inquiry of the issue, the transfer of administrative ground should not be made. Besides, Sri Tripathi has placed reliance upon the judgment of Hon'ble Apex Court rendered in Director of School Education, Madras & others Vs. O. Karuppa Thevan & Another reported in [1994] (Supp.2) SCC 666, wherein it has been held that 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 academic session. The relevant para-2 of the aforesaid judgment is being reproduced here-in-below.
"2. The tribunal has erred in law in holding that the respondent employee ought to have been heard before transfer. No law requires an 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 petitioners, on the basis of instructions, has submitted that if the petitioner No.2 is retained at Kanpur atleast for ending the academic session, which would be expiring on 31.03.2022, the study of son of the petitioners would not be affected. Sri Tripathi has also submitted that if the transfer of the petitioners is warranted, as per policy, and both the petitioners cannot be retained at Kanpur any longer, then they may be adjusted at any nearby place.
Having hearing learned counsel for the parties and having perused the material available on record, it appears that if the parents of child, who is studying in Class-XII in Kanpur, are transferred from Kanpur to Jalaun his study shall be affected adversely, therefore, considering the aspect of the study of the son of the petitioners, the Competent Authority i.e. the opposite party No.3 should take appropriate decision in the light of the dictum of Hon'ble Apex Court in re: O. Karuppa Thevan (supra).
Considering the aforesaid submissions of learned counsel for the parties, I hereby dispose of this writ petition finally at the admission stage without interfering with the transfer order of the petitioners, with liberty to the petitioners to prefer a separate representation to the Competent Authority taking all pleas and grounds which are available with them annexing therewith the copy of relevant documents in support of their claim within a period of seven days from today, and if such representations are preferred by the petitioners within the aforesaid stipulated time, the Competent Authority i.e. the Director (Paramedical), Medical & Health, Swasthya Bhawan, Lucknow 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 presentation of a certified/ computerized copy of this order along with the representation and the decision thereof shall be intimated to the petitioners forthwith.
For the period of one month from today or till the disposal of the representations of the petitioners, whichever is earlier, the transfer order so far as it relates to the petitioner No.2, shall not be given effect to.
It is however provided that in case the petitioner No.1 submits his joining at the transferred place, in the meantime, even then his representation along with the representation of his wife i.e. petitioner No.2 shall be considered and decided in terms of what has been directed above and the decision thereof shall be intimated to the petitioners and no prejudice shall be caused to the petitioners for the reason that they have approached the Court assailing their transfer order.
In view of the aforesaid observations and directions, the instant writ petition is disposed of finally.
Order Date :- 6.8.2021
Suresh/
[Rajesh Singh Chauhan,J.]
