Court No. - 38 Case :- WRIT - A No. - 37463 of 2010 Petitioner :- Haushala Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Ajay Mishra,Prabhakar Tripathi Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order of transfer. Petitioner has been
transferred on the Administrative ground from one place to another
being a Collection Amin by order dated 04.06.2010. Petitioner’s
grievance is that according to the Government order as the
petitioner is going to retire on 31.06.2011, therefore, normally
petitioner should not be transferred. But the petitioner has been
transferred to another place without disclosing any reason why he
is being transferred from one place to another in spite of fact that
only one year is there to retire from service.
I have considered the submission of the petitioner as it is the case
of transfer, therefore, normally this Court while exercising the
power under Article 226 of the Constitution of India does not
interfere being transfer as exigency of the service.
In view of the facts and circumstances of the present case as the
petitioner is going to retire in the year 2011, therefore, petitioner is
being given liberty to approach the competent authority by making
a fresh representation stating all the facts. If such representation is
filed by the petitioner before the District Magistrate within 10 days
before the respondent no.2, the respondent No.2 is directed to
consider and decide the representation taking into consideration of
retirement of the petitioner in the month of January, 2011 and will
take decision according to law by a speaking and reasoned order
within two months thereafter. It is further provided that till the
decision taken by the respondent No.2 upon the representation of
the petitioner the order of transfer shall be kept in abeyance.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 1.7.2010
Pr/-