High Court
Case Details
Neutral Citation No. - 2024:AHC:146026 Court No. - 5 Case :- WRIT - A No. - 11431 of 2024 Petitioner :- Kamal Kishor Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. 1. Heard Mr. Ashok Khare, learned Senior Advocate assisted by Mr. Pradeep Kumar Upadhyay, learned Counsel on behalf of the
Legal Reasoning
petitioner and Mr. Manoj Singh, learned Chief Standing Counsel assisted by Mr. Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel on behalf of the State-respondents. 2. This writ petition has been filed challenging an order dated 30.06.2024 passed by the State Government, transferring the petitioner, a Deputy Director of Factories, Lucknow to the position of Deputy Director, Kanpur Division, Kanpur, placing him against the post of Deputy Director of Factories (Medical). 3. It appears from a perusal of the impugned order that the petitioner, who was posted as the Deputy Director of Factories at Lucknow, was given additional charge of Deputy Director of Factories, Prayagraj Division, Prayagraj. Now, by the impugned order, he has been moved to Kanpur in the same position and posted against the post of Deputy Director of Factories (Medical) with an additional assignment to look after the work of the Deputy Director of Factories, Prayagraj. 4. On 13.08.2024, we passed the following order: “The submission advanced by Mr. Ashok Khare, learned Senior Advocate assisted by Mr. Pradeep Kumar Upadhyay, learned Counsel for the petitioner is that the petitioner has been transferred from the post of Deputy Director of Factories, Lucknow to the post of Deputy 2 Director of Factories (Medical), headquarters at Kanpur with the additional charge of the position of the Deputy Director of Factories at Prayagraj for ease of administrative work. It is urged by the learned Senior Advocate that the petitioner is a mechnical engineer by training and while he can certainly discharge functions of the Deputy Director of Factories at any station, the principal charge given to him is of the Deputy Director of Factories (Medical), which is a position to be held by a doctor. Learned Standing Counsel shall seek instructions in the matter, on or before 20.08.2024. Adjourned to 20.08.2024. To be taken up as fresh. The Registrar (Compliance) is directed to communicate this order to the Special Secretary, Ministry of Labour, Government of U.P., Lucknow, the Labour Commissioner, U.P., Kanpur Nagar and the Director of Factories, U.P., Kanpur Nagar within 24 hours next.” 5. In compliance, the State Government have instructed Mr. Manoj Singh, learned Chief Standing Counsel, furnishing him written instructions in the matter. In answer to Mr. Ashok Khare's submission that the petitioner is a Mechanical Engineer by training and while he can certainly discharge functions of the Deputy Director of Factories at any station, the principal charge given to him is that of the Deputy Director of Factories (Medical), which is a position to be held by a Doctor, the functions whereof he cannot discharge, it is pointed out by Mr. Manoj Singh that the petitioner has not been posted to work as the Deputy Director of Factories (Medical). It is submitted on the foot of instructions received that there are four posts of Deputy Director (Administration) in the State, one post of Deputy Director (Engineering), one post of a Deputy Director of Factories (Chemicals) and two posts of Deputy Director (Medical). All these go to make for a total of eight posts of Deputy Directors of Factories in the State. It is said on behalf of the respondents that there is no post of Deputy Director of Factories existing at Prayagraj. So that the work of the Deputy Director of Factories is not adversely affected at Prayagraj, the 3 petitioner, while posted at Kanpur, has been assigned the duty to look after the work of the Deputy Director of Factories at Prayagraj. This has been done with an intention that government work does not suffer. It is also pointed out that there is no post of Deputy Director of Factories vacant at Kanpur, and, therefore, the petitioner has been placed against the post of Deputy Director of Factories (Medical) for the ease of drawing his salary. It is not that the petitioner has been assigned duty of the Deputy Director of Factories (Medical). 6. Mr. Ashok Khare, learned Senior Advocate would submit that the petitioner could with equal ease look after the work of Deputy Director of Factories at Prayagraj while posted at Lucknow. There are explanations given in paragraph No.23 of the writ petition about the relative performance of different incumbents in the matter of securing registration of factories in their jurisdiction, where something in poor light has been said about the petitioner. 7. Be that as it may, transfer is an exigency of service, and the point, which Mr. Khare initially raised inviting this Court to ask the other side to seek instructions, was that the petitioner has been assigned to a post that would compel him to discharge the work of a Doctor. That point is not there. It is only for the ease of drawing his emoluments that the petitioner has been placed against the post of Deputy Director of Factories at Kanpur; not put in charge of the said office. It is entirely for the respondents to decide where they wish to take work from a particular officer and in a matter involving the exercise of power to transfer by an employer, no writ can issue. It can be done if the transfer is mala fide or against the statutory rules. That is not the case here. Since the order has been passed by the State Government, the petitioner will have liberty to represent 4 his cause to the Principal Secretary, Ministry of Labour, Government of U.P., Lucknow. The Principal Secretary is ordered to decide the petitioner's representation within seven days of its receipt and communicate the result to him within three days of recording his orders thereon. 8.
Decision
This writ petition is disposed of in terms of the aforesaid orders. Order Date :- 20.8.2024 Anoop/ Vijay (J.J. Munir, J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad