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Allahabad High Court · body

2007 DIGILAW 2537 (ALL)

MAHENDRA SINGH v. STATE OF U P

2007-10-04

RAKESH TIWARI

body2007
RAKESH TIWARI, J. ( 1 ) HEARD Counsel for the parties. ( 2 ) THE petitioner is working on the post of Registrar Kanungo. He had been transferred on his own request from Dhanura to Amroha on 23. 12. 2004 by the District Magistrate, Jyotiba Phule Nagar. The petitioner joined his duties immediately in pursuance of the aforesaid order of transfer. ( 3 ) THE petitioner is now aggrieved by his order of transfer dated 30. 7. 2007 by the Additional District Magistrate (Finance and Revenue) from Amroha to Hasanpur on the ground the he is working in his home Tehsil. ( 4 ) THE sole contention of the Counsel for the petitioner is that there is no restriction in serving home Tehsil by Registrar Kanungo according to the U. P. Inferior Revenue Clerk (Registrar Kanungo and Sahayak Registrar Kanungo) Service Rules, 1958. ( 5 ) IT is vehemently urged that the petitioner is undergoing treatment for mental disorder in Brahmakalp Dispensary which is at a shorter distance from Amroha than Hasanpur which is in interior area as such, it would be difficult for the him to get himself at Haridwar. ( 6 ) IT is lastly urged that children of the petitioner are studying in Amroha and his transfer would also disturb their studies, hence the order of transfer again and again from one place to another while the petitioner is a mental patient, as such, the action of the respondents in transferring the petitioner is arbitrary, illegal, mala fide and against the settled principles of law. ( 7 ) IT may be that there is no restriction for serving by an employee at his Home Tehsil but the petitioner has already served in Amroha Tehsil from 23. 12. 2004 to 30. 7. 2007 i. e. for more than three years, hence the contention of the Counsel for the petitioner that he is being harassed by his transfer again and again mala fide is not tenable. It is apparent from record that he has remained at Amroha for quite a substantial period of time. ( 8 ) AS regards the studies of his children is concerned, they are not appearing in any Board Examination like 10th or 12th class, their studies cannot be said to be disturbed by the transfer of the petitioner at any crucial stage of their life. ( 8 ) AS regards the studies of his children is concerned, they are not appearing in any Board Examination like 10th or 12th class, their studies cannot be said to be disturbed by the transfer of the petitioner at any crucial stage of their life. It may be remembered that transfer is an exigency of service and mostly the children of the Government employees have to go through this inconvenience as part of life but transfer of every Government employee cannot be stayed only on this ground as he joined the service to serve the Government and transfer is a part and condition of his services which are transferable. ( 9 ) IN my opinion question of disturbance in the studies of children in lower classes in which they are studying or in very high classes like B. A. and M. A. where they are grown up, would not be a factor for consideration of stay of transfer except where the children of the employee are appearing as regular students in Pre-Board or Board Examination like 10th or 12th Class. ( 10 ) AS regards, the mental sickness of the petitioner is concerned, it is suffice to say that if he is resisting his transfer on the ground of mental health, then he must gone a serious thought to leave the service. Transfer from one Tehsil to another is not a big deal as the distance from one Tehsil to another is not much. In todays scenario, the transport system has developed and even the interior of Tehsil have been connected with road and other means of transportation. ( 11 ) REGARD may be had if employee who commute up to 200 Kms. each day to serve in case they do not want to leave the family for some convenience like in home district in the case of the petitioner. ( 12 ) ADMITTEDLY, Amroha is the Home Tehsil of the petitioner which he has been serving for last three years, hence the petitioner can conveniently leave his children to be with his other members of family at home and can serve the department at Hasanpur i. e. to his transfer place of posting which is only about 40 Kms. from Amroha. ( 13 ) FOR the reasons stated above, writ petition is accordingly dismissed. ( 14 ) NO order as to costs. Petition Dismissed. .