Research › Search › Judgment

Allahabad High Court · body

2004 DIGILAW 502 (ALL)

Litil Kumar Verma v. State of U. P.

2004-03-05

K.S.RAKHRA, PRADEEP KANT

body2004
ORDER Pradeep Kant and K. S. Rakhra, JJ.—Heard the learned counsel for the petitioner. 2. The petitioner feels aggrieved by the order of transfer dated 23.2.2004, by means of which he has been transferred from the Government Polytechnic, Kanpur to Government Polytechnic, Mainpuri. 3. Learned counsel for the petitioner submits that the children of the petitioner are studying and final examination are to take place in the month of March, 2004, itself and, therefore, his displacement would adversely affect the studies of children. 4. Learned State counsel says that the children of the petitioner are small and that they are not appearing in the examination of senior class and, therefore, this ground would not be available to him. 5. Considering the facts of the case and finding that every day a large number of transfer orders are being issued in the month of January and February of the year, we asked the learned standing counsel to explain the reason for such bulk transfer orders being passed during these months when the transfer orders can very well be passed within two months thereafter, i.e., at the time of annual transfers. Learned State Counsel is not in a position to give any plausible reason for the same but assisted the Court saying that these transfer orders have been passed in public interest. 6. We fail to appreciate as to why the transfers in public interest are being made within few months before the period of passing annual transfer orders could approach. In the own policy of the Government which has been issued from time to time, the transfer orders are normally to be issued in public interest at the time of annual transfer and in case for any specific or valid reason, some transfer orders are to be passed during the year otherwise, then, they can also be issued but in general, under the pretext of public interest, mass transfer orders probably cannot be ordered, in this manner. The transfer on administrative reason of course, can be ordered at any point of time or transfer orders can also be passed for exigency of service where the person transferred is more required at a particular place as per the direction of the Government. The transfer on administrative reason of course, can be ordered at any point of time or transfer orders can also be passed for exigency of service where the person transferred is more required at a particular place as per the direction of the Government. The transfer orders can also be passed at any point of time if some specialised services are needed of a particular person or his presence at a particular place, would be more in the interest of work. These are few illustrative examples, which are not exhaustive nor they would limit the powers of the State Government to effect the transfers during the year. Though, it cannot be disputed that the guidelines issued for transfer by the State Government or the instructions issued in this regard have no statutory force and that violation of such guidelines and instructions normally cannot be enforced or challenged in the Court of law but it would be advisable for the State Government to abide by the guidelines issued by them as guidelines/instructions which are issued by the State Government itself are not meant for violating them with impunity and that too, by the State Government itself. No doubt, the violation made may or may not be justiciable or the Court may refuse to entertain such writ petitions, which raise such grievance, but the State Governments action of passing mass transfer orders in violation of their own policy cannot be appreciated. The State Government and its officers are required to exercise restraint upon themselves. 7. The authorities must keep in mind that according to the own policy of the State Government the period of annual transfers, is at a time when the academic session in most of the institution is over. This is with a purpose. A Government servant also has the responsibility of giving proper education to his/her children, and, therefore, transfers are to be effected usually after the end of the academic session in the schools or colleges, and preferably before the start of new academic session. 8. Mass transfers in this way, create discontentment amongst the employees and also some time affects the studies of their children. Such transfer orders also instigate the employees, to put political pressure either way, i.e., by the persons who want their transfer and the persons who want to stay at their place of posting. 8. Mass transfers in this way, create discontentment amongst the employees and also some time affects the studies of their children. Such transfer orders also instigate the employees, to put political pressure either way, i.e., by the persons who want their transfer and the persons who want to stay at their place of posting. The transfer orders sometimes have, to be, therefore, interfered with, for the uncalled for political influence exercised, either way, in favour of one or the other employee. 9. The argument that the children of the petitioner are small and are studying in small classes, therefore, the petitioner is not entitled to stay till the end of academic session has to be considered in the light of the fact that a child cannot reach in High School or Intermediate class unless he passes junior classes. In case, the children of a Government servant are studying in class 4th, 5th or 6th etc. they also have to appear in annual examination as per the system of examination prevailing in the State and only when they are able to clear the examination they can be admitted to the next higher class. The whole academic session has to be attended by them in the school where they are studying and mid-time transfer during the academic session, would either compel a Government servant to have a double establishment leaving his wife and children at one place and he/she staying at the transferred place which would incur a lot of expenditure and inconvenience or to get the name of the child struck off from the college or school where he or she is studying and then to wait for another academic session to get him or her admitted in some sollege or school. This would disturb the study of the child and may create a gap of one complete year in the studies. 10. So far as the present petitioner is concerned, the prayer has been confined only to the effect that the petitioner be allowed to stay at the present place of his posting till the examinations of his children are over which have already started. 11. 10. So far as the present petitioner is concerned, the prayer has been confined only to the effect that the petitioner be allowed to stay at the present place of his posting till the examinations of his children are over which have already started. 11. We, therefore, while declining to entertain the writ petition against the present order impugned, direct that the petitioner shall be allowed to continue at his present place of posting till the examination of the children are over or till fresh orders of transfer if any, is passed at the time of annual transfer, whichever is earlier. 12. The order dated 23.2.2004 contained in Annexure-1 to the writ petition, shall remain stayed for the aforesaid period. 13. The writ petition is dismissed.