Allahabad High Court
Vikram Kumar Srivastava vs State Of U.P. And 2 Others on 21 July, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 10409 of 2022 Petitioner :- Vikram Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Kumar Rai,Ashutosh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard.
2. This petition has been filed by the petitioner who was initially posted as a Driver in the office of the Child Development Officer, Bal Vikas Sewa Evam Pushtahar at Mirzapur. Thereafter he was transferred and joined in the office of District Programme Officer, Prayagraj. He has been working in different Blocks under the Integrated Child Development Scheme. The petitioner has been attached to the office of the District Programme Officer on 01.08.2007 to pursue court cases and he duly performs his duty with regard to filing of counter affidavits in time and communicating instructions etc. to the Department.
3. It has been submitted that petitioner suffers from paralysis in his left limbs and Hypertension of Himelgia. He is under treatment of a private Doctor who is a Neuro Surgeon and has issued medical certificate and prescription to show that the petitioner suffers from weakness in his left half of the body. However, he has now been transferred to Bhadohi in violation of the transfer policy dated 15.06.2022 wherein in paragraph-5 (vi), there is a provision to exempt physically handicapped employees from transfer in regular course and also in case any person in their family/ dependent is physically handicapped.
4. Learned Standing Counsel has pointed out that transfer policy is not binding and it does not create any right in favour of any employee not to be transferred as held by Hon'ble Supreme Court in the case of Shilpi Bose (Mrs.) Vs. State of Bihar, 1991 Supp (2) SCC 659.
5.The petitioner has been posted at Prayagraj since 2007 and has not been performing his duty as Driver. He is only doing pairvi of Court cases as per his own pleadings on record.
6. This petition is disposed of with a direction to the petitioner to join at his transferred place of posting within a week from today. If the petitioner joins within a week and then makes a representation to the respondent no.2 with proper medical certificate issued from the office of the Chief Medical Officer of the District concerned, the same shall be taken into account and appropriate orders shall be passed sympathetically on such representation within six weeks thereafter.
Order Date :- 21.7.2022 Rahul