Court No. - 6 Case :- SERVICE SINGLE No. - 5452 of 2010 Petitioner :- Shiv Prasad Jaiswal Respondent :- State Of U.P. Through Its Principal Secy.Dept.Of Home Lko. Petitioner Counsel :- S.P.Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Petitioner has been transferred from Gonda to Shravasti. He says that he has
only one year to retire and there is a transfer policy of the Government of
2001 which clearly states that such persons who are going to retire in a period
of less than two years shall not ordinarily be disturbed unless there are
charges of grave irregularities against them. Petitioner says that the transfer
order has not been passed on administrative grounds clearly showing that
there is nothing against the petitioner. The purpose behind this provision is
that an employee who is going to retire his pension papers are to be completed
within six months prior to his retirement. In such a situation, if an employee
is disturbed he will face consequences after his retirement.
Since the order has been passed in violation of the Government policy of
transfer of 2001, this Court directs that the petitioner will be allowed to
continue at the present place of posting till his retirement.
With these observations and directions, the petition is finally disposed of.
Order Date :- 5.8.2010
RKM.