Sunil Kumar Yadav vs State Of U.P. Thru Addl.Chief ...
2021 Latest Caselaw 6876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- SERVICE SINGLE No. - 13254 of 2021
 
Petitioner :- Sunil Kumar Yadav
 
Respondent :- State Of U.P. Thru Addl.Chief Secy. Home And Ors.
 
Counsel for Petitioner :- Paavan Awasthi
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Attau Rahman Masoodi,J.

Heard Sri Paavan Awasthi, learned counsel for the petitioner and Sri R.P.Singh, learned Chief Standing Counsel for the State.

The petitioner through this writ petition has assailed his relieving pursuant to the transfer order passed on 14.04.2018 contained in annexure no.1 to the writ petition.

Learned counsel for the petitioner has submitted that relieving of the petitioner in pursuance of a transfer order passed more than three years ago is clearly impermissible and is in the teeth of the judgment and orders passed by this Court placed reliance upon.

It is worthy to note that at the time of passing of the transfer order on 14.04.2018, the petitioner was working on deputation and his place of posting was wrongly shown at Jhansi. As a matter of fact he was working at Kanpur. The petitioner after completion of his tenure on deputation resumed his duties at Jhansi on 02.06.2021. It is after resumption of duty at Jhansi on 02.06.2021 that the relieving order has come to be issued in compliance of the transfer order dated 14.04.2018.

Transfer is an incident of service. No department can be permitted to set up a precedent of relieving the public servants in a manner like the case at hand. Such a practice is not only counter productive but against the very policy of transfers. The transfer order dated 14.04.2018 is accordingly set aside in so far as it relates to the petitioner and consequently the relieving order dated 09.06.2021.

It is however left open to the competent authority to post the petitioner at any place in the interest of government service and until then the petitioner shall be allowed to work at the same place where he was working prior to the issuance of relieving order and paid salary.

The writ petition is accordingly disposed of.

Order Date :- 30.6.2021/Shahnaz