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MANISH MATHUR
Vinod Kumar Gautam – Appellant
Versus
State Of U. P. Thru. Its Prin. Secy. Deptt. Of Technical Edu. Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner and Mr. Aditya Dwivedi, learned State Counsel appearing on behalf of opposite parties.
2. Petition has been filed challenging transfer order dated 28.06.2023, amendment order dated 25.07.2023, relieving order dated 27.07.2023 and the order dated 20/21.09.2023 rejecting petitioner's representation.
3. It has been submitted that earlier petitioner was transferred from District Lucknow to Shrawasti in Public Interest vide order dated 28.06.2023 which was subsequently amended on 25.07.2023. The said orders were challenged in Writ A No.5694 of 2023 which was disposed of vide order dated 07.08.223 directing opposite parties to consider grievance of petitioner pertaining couple posting in terms of Government Order dated 07.06.2023 and ill health of his wife as well as the fact that his children are studying in Lucknow. It is submitted that by means of impugned order dated 21.09.2023, petitioner's representation has been rejected without taking into consideration the aspect of couple posting as well as mid term transfer and ill health of petitioner's wife.
4. It has also been submitted that in terms of order dated 28.07.2023, any order or amen
The court upheld the transfer order and rejection of representation based on the interpretation of the correction order and government guidelines.
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
An order of transfer cannot be effected as a mode of punishment and cannot be on stigmatic grounds.
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
The court emphasized that transfer orders should not be interfered with unless they are shown to be vitiated by malafide or made in violation of any statutory provision or issued by an incompetent pe....
A government employee cannot claim an automatic right to an interim stay against a transfer order within the same headquarters without demonstrating specific hardship or prejudice to service conditio....
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