The phrase 'as far as possible' in the transfer policy allows for administrative discretion and flexibility in transfers, and transfer is an incidence of service not requiring the consent of the employee.

Anil Kumar, J.

Petitioner who was working on the post of Senior Assistant, Ghaziabad at 37 UP Battalion NCC, Ghaziabad, has made a representation to the competent authority for his transfer on compassionate ground. As the said representation has not been considered, so he approached this Court by filing Writ Petition No.4162 (SS) of 2012, disposed of by order dated 08.08.2012 which on reproduction reads as under : -

"Notice on behalf of opposite parties no. 1 to 5 and 7 has been accepted by the learned Chief Standing Counsel. For the order proposed to be passed there is no need to issue notice to opposite party no. 6.

Learned counsel for petitioner submits that petitioner and his wife both are the government employees and as such as per the Government Order dated 22.3.2012 they are to be posted in the same district. The petitioner in this regard had made a request for his transfer on compassionate grounds to Lucknow on 19.8.2004. The Commanding Officer, 37th U.P. Battalion, NCC, Ghaziabad, had also recommended to consider the case of the petitioner for transfer to Lucknow.

It is also submitted that recently 12 persons have been accommodated and transferred on compassionate grounds to Lucknow by orders dated 7.5.2012, 14.5.2012 and 29.7.2012 but the case of the petitioner has not been considered.

Learned Standing Counsel on the other hand submitted that as per the general transfer policy the husband and wife in case both are government employees, are to be posted in one district as far as possible, it is not mandatory that both of them shall be posted in same district.

I have considered the submissions made by the parties' counsel.

I am of the considered opinion that the grievance of the petitioner shall be first looked into by the department itself.

In this view of the matter, with the consent of parties' counsel and without entering into the merits of the case, writ petition is finally disposed of with liberty to the petitioner to move a fresh representation before opposite party no. 3, who is said to be the competent authority in this regard and in case any such representation is made the same shall be considered and decided in accordance with law, rules, regulations and the orders, expeditiously, say within a period of six weeks' from the date a certified copy of this order along with the copy of the representation is produced before him. "

2. By order dated 03.10.2012, the said representation has been rejected by the competent authority with the following observations : -

"The petitioner has also claimed that he and his wife both are government servant and they are liable to be posted at one place. However, it is clarified that the Transfer Policy-2012 issued by U.P. State Government clearly states that as far as possible the same is desirable but not mandatory.

All related records/documents were put up before the Offg ADG NCC, who, after going through entire circumstances of the case, has considered and disposed off the representation dated 27 Aug, 2012 of Sri Raja Ram, Senior Assistant of 37 UP Bn NCC Ghaziabad, with the directions that his case for compassionate posting to Lucknow is not feasible at this stage. However, his case is likely to be considered on availability of vacancy and keeping in view the functional efficiency/requirement of the Department, in organizational interest, as and when due."

3. I have heard learned counsel for the parties and gone through the records and also produce the transfer policy issued by the State Government.

4. Needless to mention herein that it is not disputed by learned counsel for petitioners that petitioner is holding a transferable post.

5. So far as the argument advanced by learned counsel for petitioner that in view of the transfer policy, the husband and wife should be posted at the same place, hence the impugned order is liable to be set aside. From the perusal of Clause 1(d) of the transfer policy, the position which emerged out is that the husband and wife, if the