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Friday, October 27, 2017


Transfer Order - 


?Court No. - 4 

Case :- SERVICE BENCH No. - 1412 of 2014 

Petitioner :- Ram Kishore 
Respondent :- State Of U.P. Through Prin. Secy. Family Welfare Lko. & Ors. 
Counsel for Petitioner :- Anand Prakash Singh 
Counsel for Respondent :- C.S.C. 

Hon'ble V.K. Shukla,J. 
Hon'ble Brijesh Kumar Srivastava-II,J. 
Record in question reflects that Ram Kishore, petitioner has been performing and discharging duties as District Administrative Officer at district Hardoi and a transfer order was passed transferring him to district Pilibhit. At the said juncture petitioner came forward with request dated 9th August, 2012 requesting therein that his sister is disabled and dependent on him and she is getting treatment at Hardoi and accordingly, the transfer order transferring him to Pilibhit be modified either to Kanpur Dehat or Unnao. 
Accepting and acceding to the said request, the competent authority vide order dated 21st December, 2012 transferred the petitioner to Unnao. It appears that thereafter a representation was got moved by Smt. Milan Singh w/o of Ram Kishore, petitioner mentioning therein that she is getting treatment from Hardoi and she requested that keeping in view of the same, her husband be transferred to Hardoi and based on the said representation, an order was passed by the State Government transferring the petitioner from Unnao to Hardoi and the incumbent who was functioning at Hardoi was transferred to Unnao. Srawan Kumar, the other incumbent who was affected by the transfer, at the said juncture, proceeded to approach this Court and this Court asked him to approach the competent authority, and simultaneously stayed the transfer order and directed the competent authority to decide the representation of the petitioner within one month. 
This much is reflected that thereafter representation in question has been moved before Director General, Family Welfare, Lucknow(opposite party no.4) and the opposite party no.4 on the premises that the tenure for which a government servant is to stay at one station has not at all been completed and the transfer of incumbent on account of his own wish has been done, has proceed to restore the status quo ante as it existed on 4th March, 2014 and this has impelled the petitioner to be before this Court. 
Learned counsel for the petitioner submits that once the request of petitioner has been accepted in the past and in case, the said order in question was being rescinded/modified/cancelled, then his point of view ought to have been considered and in such a situation and in this background, it is being contended that unnecessarily order dated 4th March, 2014 has been cancelled in the garb of the order passed by this Court and the same is liable to be restored back. 
Learned Standing Counsel as well as Shri B.K. Chauhan, Advocate representing Shrawan Kumar has resisted the request made by the petitioner by submitting that transfer and posting is the domain of the authority concerned and once after considering the request of the petitioner he was transferred to Unnao, then again his request for transfer to Hardoi could not have been accepted as the petitioner has already over-stayed at Hardoi and the other incumbent namely Shrawan Kumar was also affected by the same and as such any order passed in favour of petitioner would amount to perpetuation of petitioner at one place. 
The factual situation that is so arising from the record is that the petitioner has been performing his duties as District Administrative Officer at district Hardoi for more than 12 years and thereafter an administrative decision has been taken to transfer him outside the district and the district that was assigned to him was district Pilibhit and thereafter it appears that he was not satisfied with the same, he has represented the matter for transferring him from Pilibhit to Kanpur Dehat or Unnao, on account of ailment of his sister. The State Government was kind enough to accept the same and accordingly on 21st December, 2012 he was transferred to district Unnao. After he has joined at Unnao, a representation was moved by his wife and thereafter petitioner manager to come back to Hardoi. Said order had the effect of replacing Shrawan Kumar and accordingly on the asking for by this Court, his claim has been adverted to. 
This Court has the occasion to peruse the order passed by Director General, Family Welfare, Lucknow and on the face of it, same does not appear to be unwarranted or illegal order as in respect of Shrawan Kumar it has been mentioned that he has not completed the tenure and in respect of petitioner it has been mentioned that he has completed his tenure and on his own request he has been transferred to district Unnao. Once petitioner had overstayed at Hardoi and on his own request he had gone to Unnao, in case there is conflict in between public interest and private interest, then private interest would have to give way to public interest and as such with the order dated 7th August, 2014, no interference whatsoever is being made. 
Petitioner at last has requested this Court that as accepted position is that his sister is disabled and his wife is also suffering from various ailments, this court should come to the rescue and reprieve of the petitioner and it is requested that competent authority should be directed to look into the matter and in case vacancies are lying vacant in the adjoining district of Hardoi, the petitioner be posted there. 
Transfer and posting is domain of authority concerned and it is for the authority to see that as to where petitioner can be posted and as to where his services can be best utilized, however, as far as issue of inconvenience has been raised,� this aspect of the matter is concerned, certainly the petitioner can always approach the Director General, Family Welfare by way of representation and in case such a representation is moved, then in that event, authority concerned is directed to look into the matter and take appropriate action on the same in accordance with law preferably within next three months from the date of receipt of certified copy of this order. 
With these observations, writ petition is disposed of. 
Order Date :- 14.10.2014 

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