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Umesh Chandra Saxena v. State Of U.P. And Others - WRIT - A No. 72773 of 2005 [2005] RD-AH 6531 (28 November 2005)


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                                                                                         Court no. 7

             Civil Misc. Writ Petition No. 72773 of 2005

Umesh Chandra Saxena         Versus          State of U.P.and others

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

This writ petition has been filed against the order of transfer dated 3.9.2005 by which the petitioner was transferred from Etah to Mainpuri.

The impugned order of transfer is assailed on the ground that it is against the principles laid down in the guide-lines for transfer of Clerk and Operating Staff for the year 2004-05 and that the impugned order of transfer has been passed in mid session which will adversely affect the studies of his daughter who is a student of B.A. final year in Etah. It is lastly submitted that some persons who were inimical to the petitioner had murdered his two uncles and had looted the house of the petitioner, are residing in Mainpuri, hence he prays that in these circumstances, the petitioner may not be transferred to Mainpuri.

The counsel for the petitioner has placed reliance upon clause (8) of the aforesaid guide-lines of the Operating staff for the year 2004-05 which provides that normally 10% of the employees in all the categories shall be transferred. He further submits that the transfer order of the petitioner is in excess of the 10% quota as provided under the aforesaid guide-lines.

Perusal of the guide-lines demonstrates that normally the number of employees should not exceed more than 10 per cent. There is no bar that more than 10 per cent employees can not be transferred under the aforesaid guide-lines. These guide-lines are not statutory and can not be enforced. Therefore, the contention of the counsel for the petitioner that there is bar that more than 10 per cent employees can not be transferred is not acceptable. In so far as mid-session of transfer is concerned, the daughter of the petitioner is quite grown-up and she is student of B.A. final year. According to the representation made by the petitioner to the Superintending Engineer, Mainpuri dated Nil   which has been forwarded by letter dated 19.9.2005 (Annexure-5 to the writ petition) that the relatives of the petitioner are giving him protection in his office at Etah. The transfer can not be avoided on personal ground. Of-course there can be exceptional case which requires interference in the order of transfer but it is no so in the instant case. Since the matter of transfer is monitored by the Hon'ble Supreme Court, as such no interference is called for by this Court.

In view of the circumstances mentioned in the representation of the petitioner regarding enmity it would be proper to relegate the petitioner to move  representation before the High Powered Level Committee constituted by the Hon'ble Supreme Court  within a period of 10 days from the date of production of a certified copy of this order and the same shall be  decided by the Committee within a further period of two weeks from the date of receipt of the representation along with a certified copy of this order.

With the aforesaid observations, the writ petition is disposed of.

Dated 28.11.2005



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