Court No. - 29 Case :- WRIT - A No. - 42688 of 2010 Petitioner :- Syed Sabir Husain Abidi Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashok Gupta Respondent Counsel :- C. S. C. Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Heard learned counsel for the petitioner. Learned Standing
Counsel appears for the respondents.
The petitioner is serving as Deputy Director, U.P. State Seed
Certification Agency at Varanasi. By this writ petition, he has
challenged the transfer order dated 14.7.2010 passed by the
Director of the Agency, transferring him from District Varanasi to
District Gorakhpur on the same post.
It is submitted by learned counsel for the petitioner, that he has
served at Varanasi only for one year. He is suffering from several
diseases as verified by Dr. S.S. Rai of ‘Midway Hospital’,
Varanasi. He has only one and half years to retire and thus the
transfer order require to be set aside or to be reviewed by the State
Government.
The petitioner has not given any good reason to interfere with the
transfer order under Article 226 of the Constitution of India. He
holds transferable post and has not challenged the authority or
discretion of the state government to transfer him.
His representation against the transfer order, however, may be
decided by the Principal Secretary(Agriculture). We do not
propose to give any directions to decide the representation, as the
grounds taken in the writ petition have not been stated in the
representation dated 16.7.2010.
The writ petition is accordingly disposed of with observations that
if the petitioner makes a proper representation, the Director of the
Agency will decide it expeditiously. This order, however, shall not
be treated as a ground for the petitioner, to delay in joining at
Gorakhpur.
Order Date :- 23.7.2010
RKP