Allahabad High Court quashes transfer order of lab assistant

Allahabad High Court has quashed the transfer order of Lab Assistant Om Prakash Gaur in the office of Chief Medical Officer, Deoria.

The Division Bench of Justice Surya Prakash Kesarwani and Justice  Piyush Agrawal passed this order while hearing a petition filed by Om Prakash Gaur.

The Special Appeal has been filed to set aside the order dated September  28, 2021 (Om Prakash Gaur Vs. State of U.P. and others) and the transfer order dated July 15, 2021, passed by the respondent whereby the petitioner has been transferred from Shamli at a distance of about 900 kms.

The Court noted that,

The petitioner – appellant was working as Lab Assistant under the Chief Medical Officer, Deoria. By the order dated July 15, 2021, he has been transferred to the office of the Chief Medical Officer, Shamli, which according to the petitioner is more than 900 Kms away from Deoria.

The petitioner is to retire from service on attaining the age of superannuation on March 26, 2022. Thus, about three months are now left in retirement of the petitioner from service. The transfer order dated July 15, 2021 transferring the petitioner on administrative ground, has been passed by the respondent about six months before his attaining the age of superannuation.

The Court held that,

Standing counsel has brought to our notice a letter of the District Magistrate dated June 01, 2021 addressed to the respondent wherein some negligence on the part of the appellant in discharge of his duties has been mentioned. As per transfer policy dated June 29, 2018, the employees of Group C post may be considered for posting in his home district if he is to retire within two years.

The Single Judge has passed the order dated September 28, 2021 on the ground that the transfer policy is neither statutory nor justiciable and the transfer can be interfered only on the ground of malafide or violation of any rules or regulations.

Submission of standing with reference to the letter of District Magistrate dated June 01, 2021 indicates that petitioner was transferred on allegation of negligence in discharge of his duties which indicates the transfer order as a part of punishment to the petitioner by transferring him from the present place of posting to Shamli i.e at the distance of 900 kms, the Court further noted.

The Court observed that the petitioner has the right to be considered for place of posting at Deoria in terms of the transfer policy dated March 29, 2018 inasmuch as merely about six months were left for his retirement from service. These important aspects of the matter have not been considered by the Single Judge while passing the order.

Under the circumstances, the order of the Single Judge dated September 28, 2021 can not be sustained and is hereby set aside, the Court ordered.

In the light of observation the court quashed the transfer order dated July 15, 2021, passed by the respondent and disposed of the Special Appeal.

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