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2024 Supreme(Online)(ALL) 2958

HIGH COURT OF ALLAHABAD
Ajit Kumar, J
Anupam Srivastava And 7 Others – Appellant
Versus
Uttar Pradesh Power Corporation Ltd and 5 Others – Respondent
WRIT - A No. - 10189 of 2024 | WRIT - A No. - 9702 of 2024 | WRIT - A No. - 10495 of 2024 | WRIT - A No. - 10096 of 2024



Advocates:
For the Appellants/Petitioners: Vikas Upadhyay, Narendra Deo Upadhyay, Rahul Agarwal, Vinay Bhushan Upadhyay, Shivam Shukla, Prabhakar Awasthi, Saurabh Tripathi
For the Respondents: Abhishek Srivastava, Devesh Vikram, Manoj Kumar Srivastava, Adarsh Bhushan, C.S.C.

The transfer of employees within a distribution company is a recognized administrative requirement and does not necessitate statutory policy enforcement, as it is an incident of service.

Headnote:(A) U.P. Electricity Reforms Transfer Scheme, 2000 - Transfer policy enforcement - The court found that the 2019 transfer policy remained enforceable by administrative circular. The petitioners challenged their transfers asserting arbitrary application of former policies. The court highlighted that transfer is an incident of service and requires no statutory backing; hence, the policy was upheld. (Paras 10, 24, 39, 41)

(B) Judgments on transfer orders - The court reiterated that transfer is an incident of service and may occur without being a violation unless proved arbitrary or with mala fides. (Paras 42, 44, 52)

Facts of the case:
Petitioners, employees of DISCOM, challenged transfer orders dated June 28, 2024, citing violation of alleged non-existent policies and statutory rules.

Findings of Court:
The petitions lacked substantive evidence regarding the claim of prejudiced transfers; hence, they were dismissed.

Issues: Whether transfer orders violated established policies and whether seniority would be compromised.

Ratio Decidendi: Transfers were not found to violate service conditions, being a recognized administrative requirement, and judicial review on such matters is limited.

Result: The petitions were dismissed, allowing the transfers.

Table of Content
1. background on the petitioners and transfer orders. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. challenges to the transfer policy and its implications. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. court's analysis of the arguments presented. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
4. legal precedents and statutory interpretations regarding transfers. (Para 27 , 28 , 29 , 31 , 32 , 33 , 34 , 35 , 36)
5. court's reasoning on subordinate regulations and decisions. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46)
6. conclusion on transfer orders and directions for compliance. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53)

1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Vikas Upadhyay, learned counsel for the petitioner, Sri Vinay Bhushan Upadhyay, learned counsel for the petitioner in connected petition being Writ - A No.- 9702 of 2024, Sri Shivam Shukla, learned counsel for the petitioner in connected petition being Writ - A No.- 10495 of 2024, Sri Prabhakar Awasthi, learned counsel for the petitioner in connected petition being Writ - A No.- 10096 of 2024, Sri Abhishek Srivastava, learned counsel for the corporation, Sri Adarsh Bhushan, learned counsel for the Managing Director, Purvanchal Vidyut Nitaran Nigam Ltd. Varanasi and Sri Manoj Kumar Sriavastava, learned counsel for the Chief Engineer, Prayagraj.

2. In all these connected petitions different transfer orders have been challenged but more or less the grounds are the same for assailing the transfer orders. Hence all the petitions are being heard to be decided by a common judgment.

3. The petition being Writ – A No.- 10189 of 2024 is taken to be leading petition for reference purposes.

4. Petitioners before this Court in Writ – A No.- 10189 of 2024 are employees working in the Purvanchal Vidyut Vitaran Nigam, Ltd, a Distribution and Supply of the Electricity Company (DISCOM) with the headquarters at Varanasi.

5. The petitioners, who are 8 in numbers are aggrieved by the transfer order dated 28th June, 2024, whereby they have been transferred from their current place of posting to new zone falling in different districts named in the transferred order.

6. It is worth mentioning that petitioner No.- 1 Anupam Srivastava working as Executive Assistant has been transferred from Prayagraj to Varanasi zone, petitioner No.- 2 Sanjay Kumar Pandey working as Executive Assistant has been transferred from Prayagraj to Mirzapur zone, petitioner No.- 3 Ugrasen Singh working as Executive Assistant has been transferred from Kaushambi to Varanasi zone, petitioner No.- 4 Nitin Narayan Srivastava working as Executive Assistant has been transferred from Gorakhpur to Azamgarh zone, petitioner No.- 5 Abhishek Gupta working as Executive Assistant has been transferred from Prayagraj to Varanasi zone, petitioner No.- 6 Hitesh Bhatnagar working as Executive Assistant has been transferred from Prayagraj to Varanasi zone, petitioner No.- 7 Ranjeet Kumar Yadav working as Executive Assistant has been transferred from Prayagraj to Varanasi zone and petitioner No.- 8 Ram Prakash working as Executive Assistant has been transferred from Azamgarh to Gorakhpur zone.

7. In writ petition being Writ – A No.- 9702 of 2024 petitioner Rahul Kumar working as Executive Officer has been transferred from Varanasi to Maharajganj, which is in Gorakhpur zone under the transfer order dated 28th June, 2024.

8. In writ petition being Writ – A No.- 10495 of 2024, petitioner Ganga Prasad Jaisawal working as Executive Officer has been transferred from Prayagraj to new allotted Circle/ EDC Fatehpur.

9. In writ petition being Writ – A No.0 10096 of 2024 the petitioner Arun Kumar Singh working as Executive Engineer has been transferred from District Supply Division Varanasi to the office of Chief Engineer Distribution, Basti Circle, Basti vide transfer order dated 21st June, 2024.

10. The orders of transfer have been challenged basically on three grounds:

(i). Transfer policy of the year 2019-2020

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