Court No. - 6 Case :- SERVICE SINGLE No. - 4912 of 2010 Petitioner :- Kamal Kishor Srivastava Respondent :- State Of U.P.Through Secy.Panchayat Raj Lucknow And Others Petitioner Counsel :- R.B.S.Rathaur Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri R.B.S. Rathaur learned counsel for the petitioner and the
learned Standing Counsel for the opposite parties.
Normally this court does not interfere in the matter of transfer, more so
when the transfer is made within the district itself.
The learned counsel for the petitioner has forcefully argued that this is
an exceptional case where the court should show its indulgence
because the petitioner is due to retire within ten months. The transfer
policy clearly states that where the employee has to retire within less
than two years then normally he should not be transferred so as to
jeopardize the preparation of pension papers of the employee.
The petitioner has although been transferred within the district but the
distance is 60 kilometers and the petitioner will have to make one more
establishment at the new place of posting. The petitioner says that his
mother is more than 80 years of age and she is unable to even move
around for her normal routine. It will be very difficult for the petitioner to
dislocate her mother at this stage.
Learned Standing Counsel prays for and is granted four weeks’ time to
file counter affidavit in the matter. Rejoinder affidavit, if any may be filed
in a week. List thereafter.
Meanwhile, the operation and implementation of the impugned order
dated 13.7.2010 passed by the District Panchayat Raj Adhikari, Unnao
so far as it relates the petitioner shall remain stayed.
Order Date :- 21.7.2010
Om.