Smt. Saroj Singh vs State Of U.P. And 5 Others
2022 Latest Caselaw 8990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 11123 of 2022
 

 
Petitioner :- Smt. Saroj Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ajay Shankar,Triveni Shanker
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 5.

This petition assails an order of transfer dated 30.06.2022.

Learned counsel for the petitioner submits that the impugned order of transfer is stigmatic and has been passed in order to accommodate respondent no. 6. It is further submitted that the petitioner has two minor daughters to look after and she shall face great inconvenience in going to the transferred place. It is next contended that husband of the petitioner is also a teacher at Varanasi and as such, the petitioner may be transferred to a place nearby district Varanasi.

A perusal of the transfer order shows that it has been passed in administrative exigency. It is not in dispute that the petitioner holds a transferable post. It is a settled law that transfer is an exigency of service. Ordinarily the Court should not interfere in the matter of transfer except on the limited grounds i.e. violation of statutory rules and malafide. Violation of transfer policy or executive order does not confer any vested right on the employee to challenge the transfer order in the Court. Reference may be made to the judgments of the Supreme Court in Union of India and others v. S.L. Abbas, (1993) 4 SCC 357; Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Supp 2 SCC 659; and, N.K. Singh v. Union of India and others, (1994) 6 SCC 98.

Accordingly, this petition is dismissed.

This order, however, shall not preclude the petitioner from representing her case to the competent authority, if so chosen and advised.

Order Date :- 2.8.2022

SKT/-