Petitioner challenged transfer orders failing to comply with guidelines requiring posting of husband and wife together. Court held transfer is an administrative prerogative and guidelines are not mandatory, dismissing the petition.
Writ petition dismissed.
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Neutral Citation No. - 2023:AHC:181654
Court No. - 37
Case :- WRIT - A No. - 15233 of 2023 Petitioner :- Dr Umesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brij Raj,Sushil Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 to 5.
Under challenge is the transfer order dated 30.06.2022, a copy of which is annexure 3 to the petition, whereby the petitioner had been transferred from district Etawah to Jalaun. Also under challenge is the order dated 23.03.2023, a copy of which is annexure 11 to the petition, whereby the representation filed by the petitioner against the said order had been rejected.
The basic ground for challenge to the order impugned is that despite the government order dated 15.06.2022 providing for invariably posting husband and wife together and the wife of the petitioner also being Doctor posted at Etawah and subsequently transferred to Jalaun as per specific averment made in paragraph 4 of the petition yet the respondents have failed to consider this aspect of the matter while initially transferring the petitioner through the order impugned dated 30.06.2022 and thereafter while rejecting the representation of the petitioner through the order dated 23.03.2023.
Having heard learned counsel for the parties and having perused the record what emerges is that the petitioner had initially been transferred through the order dated 30.06.2022. He staked his claim for cancellation of the transfer order placing reliance on the government order dated 15.06.2022 which provides for invariably
posting husband and wife together. The wife of the petitioner was also a Doctor posted at Etawah and subsequently transferred to Jalaun as per specific averment made in paragraph 4 of the petition. The respondents vide the order dated 23.03.2023 have rejected the representation of the petitioner by contending that the government order is not mandatory and the respondents are not obliged to keep husband and wife together.
It is not the case of the petitioner that the guidelines issued vide government order dated 15.06.2022 are statutory and mandatory in nature.
It is settled position of law that transfer is an incidence of service and the employer has the right to post an employee at any place of employers choice either in public interest or in administrative exigencies. The challenge to a transfer order can be made on very limited grounds of which none of the grounds are attracted in the present case.
Considering the aforesaid, this Court does not find any error in the orders impugned. Accordingly, the writ petition is dismissed .
Order Date :- 20.9.2023 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether a transfer order violating government guidelines for posting husband and wife together can be challenged.
Whether government guidelines mandating posting of spouses together are statutory and mandatory in nature.
Dr Umesh Kumar
State Of U.P.
Abdul Moin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
