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Allahabad High Court · body

2015 DIGILAW 2861 (ALL)

Brijesh Verma v. State of U. P.

2015-09-11

P.K.S.BAGHEL

body2015
JUDGMENT Pradeep Kumar Singh Baghel, J. The petitioner is posted as A.N.M. She has been transferred on the administrative ground from P.H.C., Jakhaura to P.H.C., Kandhari Kala, District Lalitpur. 2. The petitioner has challenged the said transfer order on the ground that it is contrary to the transfer policy and Government Order which provide that ordinarily, there should be an effort to make the couple posting i.e. husband and wife, if they are in the employment, they should be posted as possible as at the same place. 3. Learned Standing Counsel submits that the transfer order has been passed on the administrative ground. The petitioner has been transferred on administrative ground and violation of Government Order or transfer policy does not give any vested right on the employee to challenge the transfer order. 4. It is a trite law that violation of transfer policy or executive order does not confer any vested right on the employee to challenge the transfer order in the Court. In case there is any such violation, the appropriate remedy to such an employee is to make a representation to the higher authority. Reference may be made to the judgements of the Supreme Court in Union of India & others v. S.L. Abbas, (1993) 4 SCC 357 ; Shilpi Bose (Mrs.) & others v. State of Bihar & others; 1991 Supp 2 SCC 659; and N.K. Singh v. Union of India & others (1994) 6 SCC 98 . 5. It is contended on behalf of the petitioner that the petitioner has a medical condition and she is keeping in different health. Learned counsel for the petitioner has produced some documents to indicate that the daughter of the petitioner has in different health. 6. In view of the above, I do not find any ground to interfere in the writ petition and it is accordingly, dismissed. However, the petitioner may make a fresh representation to the higher authority within two weeks alongwith a certified copy of this order, from the date of receipt of a certified copy of this order. In the event any such representation is made within two weeks, the same shall be considered by the appropriate authority, expeditiously, preferably within two months from the date of receipt of the representation. No coercive action shall be taken against the petitioner, till the representation is decided. No order as to costs.