High Court · 2025

1. Heard Si Atul Kumar Pathak, learned counsel for petitioner as well as Ms. Deepshikha, learned Chief Standing Counsel for respondents.

2. By means of present writ petition, the petitioner has challenged the order dated 13.01.2025 passed by Director (Administration), Medical and Health Service, Uttar Pradesh thereby rejecting the representation of the petitioner for transfer to Hathras.

3. It has been submitted by learned counsel for petitioner that petitioner was appointed in 1989 on the post of Junior Assistant/ Junior Clerk and subsequently in 2021 he was promoted on the post of Senior Assistant. The petitioner was transferred to District Bahraich in October, 2021 and while working in Bahraich for 2 years and 6 months had moved a representation on various grounds to be transferred back to Hathras.

4. As his representation was not considered by the competent authority, he has approached this Court by filing a writ petition being Writ A No. 12144 of 2024which was disposed of by this Court by means of order dated 17.12.2024 directing the respondent No. 3 to decide the representation expeditiously. It is in compliance of the direction issued by this Court that the impugned order dated 13.01.2025 has been passed rejecting the representation.

5. In the representation, the petitioner has stated that his wife is working as a Teacher in St. Francis Inter College, Hathras and also stated that he had a defect in his Areotic Valve in the Heart due to which he has undergone a surgery in the year 1998 and subsequently in 2023 he had suffered an infection which has been cured. It has been further submitted that he is living 500 k.ms. from his home and therefore he is unable to maintain himself and prayed for his transfer. He has relied upon the transfer policy of the State Government for the transfer session 2024-2025 in support of his submissions.

6. The respondents have duly considered his representation and have stated that petitioner has been posted in Hathras for 21 years and in the Commissionrate for nearly 31 years and therefore in the interest of administration, it is not suitable for any person to be posted for such a long length of time in a particular district and merely serving in Bahraich for 2 and half years, he has again sought for transfer back to District Hathras.

7. It has further been stated that after the transfer session is over, transfers can be made only after seeking approval from the concerned Minister for which extra ordinary situation should be existing and after considering the case of the petitioner the respondents were of the view that no extra ordinary condition or situation has been made out so as to invoke the extra ordinary power for approval of the Minister and consequently have rejected his representation.

8. Learned counsel for petitioner has reiterated his grievance pertaining to the posting of his wife and his medical condition in support of his submissions and submitted that respondents are under a mandate to consider the case of the petitioner sympathetically and should have transferred back him in Hathras.

9. Learned Chief Standing Counsel on the other hand has opposed and writ petition. She has submitted that petitioner does not have any right to be posted in a particular place. He is working on the post of Pradhan Sahayak in the Office of Chief Medical Officer, Bahraich which is a State Cadre and a person liable to be posted any where in the State of Uttar Pradesh. The respondents have duly considered his medical condition where it was stated that petitioner had undergone a surgical intervention in the year 1998 and more than 25 years have lapsed and even according to the petitioner it is only some infection which has occurred in 2023 which has also been cured cannot be a ground for transfer of the petitioner to Hathras considering the fact that according to the petitioner he is undergoing regular checkup in a private hospital in Delhi.

10. She has further stated that the nature of post operative care as has been stated by the petitioner is available in most of the districts and various All India Institute of Medical Sciences have been opened in State of Uttar Pradesh itself where facilities sought by the petitioner can be made available and accordingly prayed for dismissal of the writ petition.

11.I have heard rival contention of the parties.

12. It is noticed that that respondents have duly considered the grievance of the petitioner and specially the fact that he was posted in Hathras for 21 years and further 31 years in the Commissionerate. From the above, it is clear that the petitioner who is aged about 55 years has spent nearly his entire tenure at Hathras and a request has been made yet again for posting him back again in the same district.

13. Hon'ble Supreme Court has discussed the purview of jurisdiction of courts in cases challenging transfer orders in the case of Shilpi Bose (Mrs) v. State of Bihar, 1991 Supp (2) SCC 659 : "4. In our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders."

13. This Court is aware that posting a person on any post for a long length of time have its own consequences and for this very reason transfer policy is invoked so as to enable the State to maintain posting of all the officers. This Court also consider the medical condition of the petitioner and does not find that his case is so serious requiring him to be posted back at Hathras. Even otherwise, the State Government has adequately considered the grievance of the petitioner and impugned order is neither perverse nor any infirmity has occurred the the said process.

13. In view of the above, the writ petition is bereft of merits and is hereby dismissed. Order Date :- 11.3.2025/Ravi/ (Alok Mathur, J.) RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Si Atul Kumar Pathak, learned counsel for petitioner as well as Ms. Deepshikha, learned Chief Standing Counsel for respondents.

2. By means of present writ petition, the petitioner has challenged the order dated 13.01.2025 passed by Director (Administration), Medical and Health Service, Uttar Pradesh thereby rejecting the representation of the petitioner for transfer to Hathras.

3. It has been submitted by learned counsel for petitioner that petitioner was appointed in 1989 on the post of Junior Assistant/ Junior Clerk and subsequently in 2021 he was promoted on the post of Senior Assistant. The petitioner was transferred to District Bahraich in October, 2021 and while working in Bahraich for 2 years and 6 months had moved a representation on various grounds to be transferred back to Hathras.

4. As his representation was not considered by the competent authority, he has approached this Court by filing a writ petition being Writ A No. 12144 of 2024which was disposed of by this Court by means of order dated 17.12.2024 directing the respondent No. 3 to decide the representation expeditiously. It is in compliance of the direction issued by this Court that the impugned order dated 13.01.2025 has been passed rejecting the representation.

5. In the representation, the petitioner has stated that his wife is working as a Teacher in St. Francis Inter College, Hathras and also stated that he had a defect in his Areotic Valve in the Heart due to which he has undergone a surgery in the year 1998 and subsequently in 2023 he had suffered an infection which has been cured. It has been further submitted that he is living 500 k.ms. from his home and therefore he is unable to maintain himself and prayed for his transfer. He has relied upon the transfer policy of the State Government for the transfer session 2024-2025 in support of his submissions.

6. The respondents have duly considered his representation and have stated that petitioner has been posted in Hathras for 21 years and in the Commissionrate for nearly 31 years and therefore in the interest of administration, it is not suitable for any person to be posted for such a long length of time in a particular district and merely serving in Bahraich for 2 and half years, he has again sought for transfer back to District Hathras.

7. It has further been stated that after the transfer session is over, transfers can be made only after seeking approval from the concerned Minister for which extra ordinary situation should be existing and after considering the case of the petitioner the respondents were of the view that no extra ordinary condition or situation has been made out so as to invoke the extra ordinary power for approval of the Minister and consequently have rejected his representation.

8. Learned counsel for petitioner has reiterated his grievance pertaining to the posting of his wife and his medical condition in support of his submissions and submitted that respondents are under a mandate to consider the case of the petitioner sympathetically and should have transferred back him in Hathras.

9. Learned Chief Standing Counsel on the other hand has opposed and writ petition. She has submitted that petitioner does not have any right to be posted in a particular place. He is working on the post of Pradhan Sahayak in the Office of Chief Medical Officer, Bahraich which is a State Cadre and a person liable to be posted any where in the State of Uttar Pradesh. The respondents have duly considered his medical condition where it was stated that petitioner had undergone a surgical intervention in the year 1998 and more than 25 years have lapsed and even according to the petitioner it is only some infection which has occurred in 2023 which has also been cured cannot be a ground for transfer of the petitioner to Hathras considering the fact that according to the petitioner he is undergoing regular checkup in a private hospital in Delhi.

10. She has further stated that the nature of post operative care as has been stated by the petitioner is available in most of the districts and various All India Institute of Medical Sciences have been opened in State of Uttar Pradesh itself where facilities sought by the petitioner can be made available and accordingly prayed for dismissal of the writ petition.

11.I have heard rival contention of the parties.

12. It is noticed that that respondents have duly considered the grievance of the petitioner and specially the fact that he was posted in Hathras for 21 years and further 31 years in the Commissionerate. From the above, it is clear that the petitioner who is aged about 55 years has spent nearly his entire tenure at Hathras and a request has been made yet again for posting him back again in the same district.

13. Hon'ble Supreme Court has discussed the purview of jurisdiction of courts in cases challenging transfer orders in the case of Shilpi Bose (Mrs) v. State of Bihar, 1991 Supp (2) SCC 659 : "4. In our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders."

13. This Court is aware that posting a person on any post for a long length of time have its own consequences and for this very reason transfer policy is invoked so as to enable the State to maintain posting of all the officers. This Court also consider the medical condition of the petitioner and does not find that his case is so serious requiring him to be posted back at Hathras. Even otherwise, the State Government has adequately considered the grievance of the petitioner and impugned order is neither perverse nor any infirmity has occurred the the said process.

13. In view of the above, the writ petition is bereft of merits and is hereby dismissed. Order Date :- 11.3.2025/Ravi/ (Alok Mathur, J.) RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench