The Single Judge dismissed the writ petition filed by an employee seeking relief against a transfer order. Noting the employee holds a transferable post and no mala fides were alleged, the court held that the transfer was an incidence of service and refused to interfere.
The writ petition was dismissed; the transfer order was not quashed.
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Court No. - 58
Case :- WRIT - A No. - 13679 of 2018
Petitioner :- Jahan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kharag Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 11th July, 2018:-
" Petitioner is aggrieved by his transfer on administrative ground. It is stated that petitioner is a class IV employee and has been transferred to a far of place, which is at a distance of 70 kms, and he would be prejudiced inasmuch as his 75 years' old mother is living with him and his daughter is also studying in local school in class IX.
Learned Standing Counsel may obtain instructions in the matter.
Post as fresh on 20.7.2018. "
Learned Standing Counsel points out that petitioner is a ClassIII employee, who holds a transferable post and has been transferred within the district. It is also stated that petitioner is continuing for the last 12 years in the same office.
In view of the fact that petitioner holds a transferable post, and the transfer is otherwise an incidence of service, which is neither shown to be violative of any rule nor any mala fide is alleged, therefore, no interference with the order of transfer is called for. Learned counsel for the petitioner states that petitioner has otherwise joined at the transferred place.
In such circumstances, writ petition fails and is dismissed.
Order Date :- 20.7.2018 Anil
2 issues framed by the court
Whether the court should interfere with the administrative order of transfer of a class IV/III employee holding a transferable post.
Whether the transfer creates a case for writ intervention.
Jahan Singh
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
