Court No. - 38 Case :- WRIT - A No. - 4834 of 2010 Petitioner :- Ram Kailash Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- Prem Prakash Yadav Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner.
The petitioner has come up against his transfer from Ballia to
Chitrakoot.
Learned counsel for the petitioner contends that he is a Class IV
employee and, therefore, he should not have been transferred to
such a far away distance. The petitioner had earlier come up before
this Court and the writ petition was disposed of on 28.10.2009
with a direction to the concerned authority to take an appropriate
view of the matter and the transfer order was stayed for a period of
45 days. The transfer order was reconsidered and the authority has
indicated that the transfer has been done on account of newly
created Government Observation Home at Chitrakoot.
The petitioner contends that transferring a Class IV employee to
such a far off distance causes inconvenience.
From a perusal of the impugned order, it is evident that the post is
a transferable post and the petitioner will have to suffer hardship
but it is on account of a specific administrative exigency as pointed
out in the impugned order that the transfer of the petitioner to
Chitrakoot has been made. In such circumstances there is no
violation of any rights or guidelines which may compel the
respondents to pass separate orders. Therefore, the writ petition
lacks merit and is accordingly dismissed.
Order Date :- 1.2.2010
Sahu