Petitioner challenged transfer orders. After ten years, the court held transfer orders lose efficacy and employees do not have a right to indefinite posting. Writ petition disposed of allowing respondent to pass fresh order.
Writ petition disposed of finally. Competent authority directed to pass fresh transfer order if required.
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Court No. - 28
Case :- WRIT - A No. - 42563 of 2008
Petitioner :- Smt. Saroj Kumari Respondent :- State Of U.P. & Others Counsel for Petitioner :- Deepak Kumar Kulshrestha Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list. None appears on behalf of petitioner to press this writ petition though name of counsel for the petitioner is shown in the cause list. Learned Standing Counsel on behalf of State is present.
The petitioner has assailed the order dated 16/21-11-2007 passed by the Chief Medical Officer, Agra as well as order dated 19.6.2008 passed by the Director General, Family Welfare, Directorate, U.P., Lucknow granting approval of the said order of transfer. An interim order was granted by this court on 20.08.2008. Ten years have elapsed since the order of transfer was passed and an interim order was passed by this court. The transfer order has lost its efficacy. The transfer order is incident of service and no employee has a right to continue indefinitely at one place of posting. No subsequent development has been brought in the record by the petitioner.
In the light of above facts, it is open to the respondent authorities to pass a fresh transfer order, if so required, in accordance with law.
With the aforesaid directions, the writ petition stands disposed of finally.
Let a copy of this order be provided to learned Standing Counsel to communicate the competent authority for compliance.
Order Date :- 20.8.2018
Pramod
1 issue framed by the court
Whether the petitioner has a right to be posted indefinitely at one place.
Smt. Saroj Kumari
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
