- (1.) This writ petition has been filed by the petitioner with the following relief:- (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 04.02.2020 passed by respondent no.6 against the petitioner only. (Annexure No.1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to formulate a Uniform Annual transfer policy with regard to the entire police force. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to transfer/relieve the petitioner from his respective place of posting in pursuance of the impugned order and also direct the respondents to decide the representation of the petitioner dated 06.02.2020 within stipulated period as fixed by this Hon'ble Court. (iv) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (v) Award the cost to the petitioner from the respondents.
(2.) Learned counsel for the petitioner submits that in the impugned transfer order the place of transfer is not mentioned where the petitioner has been transferred. Learned counsel for the petitioner further submits that the son of the petitioner is studying in Class-11 in Bharat Ram Globel School, Greater Noida and if he is transferred in the mid term, the education of the petitioner's son will disturb and he will not get admission anywhere in the mid term. In the next year the son of the petitioner is appearing in Class-12 and as per the Rules of Central Board of Secondary Education, Class-11 and 12 has to be appeared from the same School. Learned counsel for the petitioner further submits that in view of the Hon'ble Apex Court judgment in the case of Director of School Education Madras and Others Vs. O. Karuppa Thevan, reported in 1994 SCC, Supl. (2) 666, no mid term transfer can be done except if the exigencies of the service are not urgent.
(3.) It is contended by learned counsel for the petitioner that the petitioner has already filed a detailed representation dated 06.02.2020 against the transfer order, which is still pending before the respondent no.6 and no final order has been passed. Learned Standing Counsel submits that the transfer order is rightly passed and this Court under Article 226 of the Constitution of India have limited powers to interfere in the transfer order.;