Rakesh Kumar Tiwari vs State Of U.P. And 2 Others
2022 Latest Caselaw 9855 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 11759 of 2022
 

 
Petitioner :- Rakesh Kumar Tiwari
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anand Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shri. R.K.Ojha, learned Senior Counsel assisted by Shri. Anand Kumar Pandey, learned counsel for the petitioner and Shri Tarun Gaur, learned Standing Counsel.

Learned Senior Counsel for petitioner submits that petitioner is aggrieved by the impugned transfer order dated 29.6.2022, whereby petitioner has been transferred from Kaushambi to Mirzapur and it has been passed without considering the relevant provision of transfer policy dated 15.6.2022 that in a case where husband and wife both are in service as far as possible, they may remain at one station.

Learned Senior Counsel has relied upon a judgment of a co-ordinate bench of this Court in Writ-A No.9136 of 2021, which was disposed of vide order dated 4.8.2021 wherein the impugned order was kept in abeyance till the representation in this regard is decided by the concerned authority.

Learned Standing Counsel fairly submits that the impugned order cannot be interfered with and the petitioner is always at liberty to submit a representation after he joins at the transferred post.

Transfer policy has no statutory back up. However, considering the difficulties faced by the the working spouses, a provision is mentioned in the transfer policy to accommodate them so far as possible at one place. There is no bar that spouses have to be placed at one place for their entire respective service career.

In view of the above, this Court does not find merit with the submission of learned Senior Counsel to stay the impugned transfer order or to set aside it. However, petitioner is always at liberty to submit a representation after joining at the transferred post and in the event of joining and filing the representation, respondent authority are under obligation to decide the same considering the difficulties faced by the working spouses as well as relevant clause of transfer policy and the prayer to remain at one district or nearby district as well as posts are vacant at Kaushambi and it is expected that the respondents shall take a expeditious decision preferably within a period of two weeks after filing of representation.

With the aforesaid direction, this writ petition is disposed of.

Order Date :- 10.8.2022

SB