Allahabad High Court
Umesh Kant vs State Of U.P. And Another on 19 July, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 9067 of 2022 Petitioner :- Umesh Kant Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard learned counsel for the petitioner.
2. This petition has been filed challenging the transfer order dated 25.05.2022 passed by the respondent no. 2.
3. It is the case of the petitioner that the petitioner is working as Peon in the office of the respondent no. 2, Executive Engineer, Minor Irrigation (Block-Firozabad), District Firozabad. A transfer order has been passed on 25.05.2022, by which the petitioner has been transferred from Firozabad to Mainpuri which is about 140 Km away. The petitioner has been directed to join at Mainpuri within three days.
4. The petitioner's case is that he was appointed under Dying in Harness Rules as Class-IV employee on 15.07.2009. His house is in District Agra, but he was appointed as Peon in District Firozabad which is already 40 kms away from his home District. Now he has been transferred more than 140 Km away to District Mainpuri. The petitioner is a low paid employee belonging to District Agra and he cannot bear the financial expenses for maintaining his family and himself in two simultaneous accommodations at two different places.
5. This Court has perused the order dated 25.02.2022, it finds that the opposite party no. 2 has mentioned that because of Model Code of Conduct being applicable for Vidhan Sabha Elections regular transfer & posting of Class-IV employees cannot be done in District Mainpuri, and therefore, on request, such transfer is being made.
6. Now that the State Legislature Elections are over in any case fresh posting/transfer orders of Class-IV employees can be made by the authorities concerned. The petitioner has a valid point as he is a low paid employee and he cannot be transferred from one District to another.
7. The impugned order of transfer is stayed insofar as the petitioner is concerned. The petitioner shall make a representation to the opposite party no. 2 within one week from today, the opposite party no. 2 shall pass appropriate orders strictly in accordance with law within a period of eight weeks, thereafter.
8. The stay of transfer of the petitioner shall abide by the final orders passed by the opposite party no. 2 on his representation.
9. This writ petition is disposed of.
Order Date :- 19.7.2022 Darpan Sharma