Dharmendra Singh Sisodiya vs State Of U.P. And 3 Others
2022 Latest Caselaw 8468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 10861 of 2022
 

 
Petitioner :- Dharmendra Singh Sisodiya
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Parvez Alam,Mohd. Israr
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the parties and perused the record.

(2) This petition has been filed by the petitioner for the following main prayer:-

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the Transfer Order dated 30.06.2022 passed by the Respondent no.2 (AnnexureNo.4 to this writ petition)."

(3) It is the case of the petitioner that he is the physically handicapped person and 40% Disability Certificate has been given by the Chief Medical Officer showing Physically Handicap P.P.R.P. of Left Lower Limb on 02.06.2011. The petitioner has also been granted handicap allowance by the Competent Authority from 22.11.2012 on the basis of such Physical Handicap Certificate.

(4) It is the case of the petitioner that as per the Transfer Policy dated 15.06.2022 issued by the Respondent physically disabled employees are exempted from routine transfer.

(5) Learned Standing Counsel says that Paragraph-5 of the Transfer Policy on which the petitioner is relying says that even physically handicapped employees can be transferred for unavoidable reasons. Moreover, he has pointed out the judgment rendered by the Hon'ble Supreme Court in the case of Mrs. Shilpi Bose and others Vs. State of Bihar and others reported in 1991 (Supp 2) SCC 659, where it has held that the Transfer Policy does not create any right or entitlement in favour of the employees.

(6) The petitioner is directed to join at Jhansi within ten days from today and then make a representation to the Respondent no.2- Director, Directorate of Agricultural Marketing and Agriculture Foreign Trade, Government of U.P., Lucknow annexing documentary evidence of his being physically handicapped within one week thereafter. If such representation is made by the petitioner, the same shall be considered sympathetically by the Respondent no.2 who shall pass appropriate reasoned and speaking orders within a period of six weeks thereafter.

(7) This petition is finally disposed of.

Order Date :- 28.7.2022

PAL