Sanjay Kumar Singh (Dr. ) v. State of U. P Thru. Prin. Secy. Deptt. Animal Husbandry Lko.
2016-12-08
SATYENDRA SINGH CHAUHAN, VIRENDRA KUMAR II
body2016
DigiLaw.ai
JUDGMENT 1. We have heard Mr. Padmesh Jain, learned counsel for the petitioner, learned Chief Standing Counsel and Mr. Ajay Kumar Singh, learned counsel for opposite party no. 3. 2. The petitioner has pleaded that the petitioner is Class-B Officer and he was appointed in the year 1998 and posted at Veterinary Hospital Jamu, District Sultanpur. His home district is Azamgarh. He remained posted from 19.11.1998 up to the month of July, 2009 at this place of posting. The petitioner has given details of his posting at various places and stressed that according to transfer policy for the year 2016-17, he has completed only three and a half year at District Lucknow and total period of his posting in Lucknow Divisioin has been counted, which is 17 months in excess. The petitioner had joined on 28.11.2005 at Salon District Raebareli and after handing over charge at Salon, District Raebareli, he joined on 9.8.2012 at Makdumpur, district Lucknow on the basis of his transfer order dated 31.7.2012 passed by Director of Animal Husbandry Department. He took charge on 9.8.2012 at Veterinary Hospital, Makdumpur, Lucknow. 3. The petitioner has also pleaded that the Chief Veterinary Officer, Lucknow vide order dated 4.7.2016 directed the petitioner to take charge on 11.7.2016 at Veterinary Hospital, Chinhat, Lucknow from opposite party no. 3. It is alleged by the petitioner that opposite party no. 3 is a very influential and very politically connected person and due to which he is posted at only one centre of his choice for last more than 12 years i.e. Veterinary Hospital, Chinhat, Lucknow. It is also pointed out that he has completed more than 12 years not only in one division but in only one district Lucknow at Veterinary Hospital, Chinhat, Lucknow. 4. By means of this petition, the petitioner has sought following prayers: - (i) issue a writ order or direction in the nature of certiorari quashing the impugned transfer order dated 25.10.2016 passed by the opposite party no.
4. By means of this petition, the petitioner has sought following prayers: - (i) issue a writ order or direction in the nature of certiorari quashing the impugned transfer order dated 25.10.2016 passed by the opposite party no. 1 by which the petitioner was transferred from Veterinary Hospital, Chinhat to Veterinary Hospital Paraspur, District Gonda (Annexure No. 1); (ii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner to perform his duties as Veterinary Officer at Veterinary Hospital, Chinhat, Lucknow, (Gorakhpur wrongly typed) without any hindrance or obstruction; (iii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to pay the salary and other allowances to the petitioner as and when the same fall due on monthly basis; (iv) any other appropriate writ, order or direction which this Hon'ble Court may deem just and necessary in the circumstances of the case; and (v) allow the writ petition in favour of the petitioner with cost. 5. Learned counsel for opposite party no. 3 has submitted that after considering the problems and representation of opposite party no. 3, his transfer has been stayed at Veterinary Hospital, Chinhat, Lucknow by the Director of Animal Husbandry Department and the allegations levelled against him are false and concocted that he is very influential and very politically connected person. As far as transfer of Dr. Dhananjay Kumar Singh was cancelled on 11.6.2015, opposite party no. 3 Dr. Anurag Yadav had nothing to do on this aspect. Opposite party no. 3 has not filed any counter affidavit. 6. We have perused the record. It is relevant to mention here that transfer order dated 20.6.2016 of the petitioner from Veterinary Hospital, Chinhat, Lucknow to Veterinary Hospital, Paraspur, Gonda was also cancelled vide order dated 29.6.2016 passed by the Director, Administration & Development Animal Husbandry Department. At this point of time, he was posted at Makdumpur, Veterinary Hospital, Lucknow and after considering his representation, his transfer order was modified and he was posted on the vacant post of Veterinary Hopsital, Chinhat, District Lucknow. The transfer order dated 29.6.2012 was again modified by the impugned order dated 25.10.2016 and on the basis of request made by opposite party no. 3-Dr. Anurag Yadav, he was posted at Veterinary Hospital, Chinhat, Lucknow and transfer order dated 20.6.2012 of the petitioner was maintained. 7.
The transfer order dated 29.6.2012 was again modified by the impugned order dated 25.10.2016 and on the basis of request made by opposite party no. 3-Dr. Anurag Yadav, he was posted at Veterinary Hospital, Chinhat, Lucknow and transfer order dated 20.6.2012 of the petitioner was maintained. 7. It is pertinent to mention here that according to the contention of the petitioner Veterinary Hospital, Salon district Raebareli was included in Division Faizabad only after carving out district Amethi, otherwise it remained in district Raebareli. The petitioner himself has pleaded in the grounds of petition that in the month of July, 2013, tehsil Salon again came in the territory of district Raebareli, which is the part of Lucknow Division. Since the petitioner was posted at Veterinary Hospital, Salon, Raebareli from the year 2005 up to 9.8.2012, therefore, according to details of his posting provided by him, his period of posting in Lucknow Division is more than 10 years, therefore, he has been transferred at Paraspur, district Gonda according to transfer policy of the year 2016-17. Hence, his contention that Dr. Dhananjay Kumar Singh was transferred earlier from Kaushalganj, Rampur to Chinhat Lucknow and it was cancelled vide order dated 11.6.2015 by the Director of Animal Husbandry Department is of no avail. 8. It is pertinent to mention here that the petitioner was transferred on his request from Salon district Amethi (erstwhile district Raebareli) to Veterinary Hospital, Makdumpur, Lucknow. The Director of Animal Husbandry Department vide order dated 31.7.2012 also directed that charge would be handed over by the petitioner without waiting for reliever. This fact also revealed that the petitioner had pursued his transfer at this point of time. 8. But according to details of posting of opposite party no. 3-Dr. Anurag Yadav also it is revealed that he was posted in district Nainital from 30.8.1999 to 29.6.2001 and at Barabanki during period from 30.6.2001 up to 30.6.2004 and since 7.1.2004 upto to now he is posted at Veterinary Hospital, Chinhat, Lucknow. Hence he has completed his tenure at same place of posting in the District Lucknow as well as Lucknow Division, which is about more than 12 years. Therefore, Director of Animal Husbandry Department/State Government is hereby directed to comply the transfer policy for the year 2016-17 regarding posting of opposite party no. 3 Dr. Anurag Yadav at Veterinary Hospital, Chinhat, Lucknow. 9.
Therefore, Director of Animal Husbandry Department/State Government is hereby directed to comply the transfer policy for the year 2016-17 regarding posting of opposite party no. 3 Dr. Anurag Yadav at Veterinary Hospital, Chinhat, Lucknow. 9. In view of the discussion made above and facts and circumstances of the case, no interference is called for to set aside the impugned order dated 25.10.2016. This petition being devoid of merits, is liable to be dismissed and is hereby dismissed. 10. However, it is open for the petitioner to make a representation for his transfer on the basis of education of his children and treatment of his wife, which shall be considered by the Director of Animal Husbandry Department/ State Government within a period of three weeks from the date a certified copy of this order is served upon the Principal Secretary.