Allahabad High Court
Head Constable (Civil Police) ... vs State Of U.P. Thru. Addl. Chief ... on 28 July, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - A No. - 4690 of 2022
Petitioner :- Head Constable (Civil Police) Rakesh Kumar Yadav
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko. And 4 Others
Counsel for Petitioner :- Poonam Maurya,Jitendra Giri,Saurabh Yadava
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Saurabh Yadava, learned counsel for the petitioner as well as learned Standing counsel appearing on behalf of the opposite parties.
2. By means of the present petition the petitioner has assailed the order dated 20.7.2022 passed by Additional Director General of Police (Establishment) Uttar Pradesh thereby rejecting the representation seeking stay of his order of transfer dated 30.6.2022 by which the petitioner was transferred from Lucknow to Varanasi. It is stated that the petitioner is working on the post of Head Constable and is posted in Lucknow for the last 11 years. By means of order dated 20.7.2022 he was transferred to Varanasi. Considering the fact that the petitioner has completed his tenure at Lucknow.
3. The petitioner has approached this Court by filing writ A No.4045 of 2022 which was disposed of by this Court by means of order dated 7.7.2022 directing the opposite parties to consider and the decide petitioner's representation within two weeks. It is on the said direction of this Court that the impugned order has been passed rejecting the representation of the petitioner.
4. Learned counsel for the petitioner has again staked his claim for quashing the impugned order of transfer. He submits that the mother of the petitioner is very old and needs an attendant constantly. His children are also studying in Lucknow.
5. Learned Standing counsel, on the other hand, has opposed the writ petition and submits that there is no legal right vested in the petitioner for being retained at Lucknow. It is further submitted that the guidelines relied upon by the petitioner in challenging the order are not statutory rules so as to vest any indefeasible right upon the petitioner either to be posted at Lucknow or to at any place of his choice.
6. In the case of Param Singh and four others Vs. State of U.P. and others passed on 19.11.2018 in Special Appeal No.1163 of 2018 this Court has held as under:-
"It is a trite law that transfer is a condition of service. A Government servant has no vested right to remain posted at the place of his/ her choice. The transfer order does not violate legal right of a person holding transferable post, if he is transferred from one place to another in public interest. The order of transfer is an administrative order. The Supreme Court in unbroken line of decisions has held that the scope of judicial review in the matter of transfer is very limited. The Courts should not interfere with transfer order which is made in the public interest and for administrative reasons, unless an order of transfer is shown to be outcome of malafide exercise or stated to be in violation of statutory provision prohibiting any such transfer."
7. Considering that the impugned order of transfer was passed on 30.6.2022 and the opposite parties have also duly considered the representation of the petitioner and also considering the aforesaid judgment of Hon'ble Supreme Court no ground for interference by this Court in the order of transfer of the petitioner is made out. The writ petition is devoid of merits and is accordingly dismissed.
8. However, in case the petitioner wants to be posted somewhere else or nearby Lucknow he may give a representation to opposite party No.2 again only after submitting his joining at the transferred place of posting and in case such a representation is made the opposite parties shall duly consider the same.
Order Date :- 28.7.2022 (Alok Mathur, J.)
RKM.
