N.L.Ganguly - (1.) -The petitioner is a Junior Engineer in Flood Division, Irrigation Department posted at Allahabad. This petition under Article 226 of the Constitution is directed against the transfer order dated 29-7-91 Annexure 3 by which petitioner was transferred from Allahabad to Bareilly Investigation Planning and Water Resources Division. Another order dated 3rd September, 1991 Annexure 4 by which the earlier transfer order was modified and petitioner was attached to Irrigation Division, Allahabad.
(2.) THE petitioner averred in the writ petition that there are Zones in the Irrigation Department, namely Restricted Zone and General Zone. THE Restricted Zones are classified in four categories : (i) Hill Division of U. P. (Kumaun and Garhwal area), (ii) Hill Division of Sonbhadra (Kaimur range of Vindhachal), (iii) Design Directorate Lucknow and Roorkee, and (iv) Attached posts in Divisions and Offices. THE petitioner stated that according to the G. O. and norms issued by the State Government, an employee in the Irrigation Department has to work for atleast six years in Restricted Zones. THE petitioner claims to have worked in Restricted area thereafter petitioner was posted in plain area zone known as General Area. THE State Government issued G. O dated 8th July 1991 by which the State Government issued guide-lines in the matter of transfer of the Government employees in the State. A copy of the G. O. is annexed as Annexure 1. The petitioner stated that the order for his transfer to Bareilly is in utter violation of the Government Order dated 9th July 1991 and 18th July 1991. The petitioner further urged that he cannot be transferred outside the Allahabad Circle and also cannot be transferred from Restricted Zone area to General Area in view of Government Order aforementioned. The petitioner stated that the order of transfer was nothing but a punishment. The result of such transfer from Working area to non working area (Restricted Zone) petitioner would be suffering loss of Rs. 450/- per month. Petitioner further stated that at the instance of some influencial person working at Bareilly, who wanted to remain there pressurised the Government to change the transfer order and by another order dated 3-9-91 petitioner has been directed to be transferred and attached in the Irrigation Division II, Allahabad. The petitioner stated that the transfer of an employee from working area to non-working area is considered to be reduction and humuliation, by the Department. The present writ petition was filed on 24-9-91 and this Court was pleased to call for the counter affidavit from the State Government. No interim order was granted staying the operation of the transfer order, The court was pleased to direct the petitioner to submit his representation to the respondent no. 2 and it was observed that in case any representation is made by the petitioner, the respondent no 2 shall consider the same and pass a reasoned order within a period of one month The petitioner submitted another application on 29-10-91 for a direction that the respondent may pay the salary of the petitioner from August 1991 to October 1991 and continue paying future salary. The petitioner stated that after the orders dated 24-9-91 passed by this Court a representation was submitted on 27-9-1991 to the Chief Engineer, Irrigation, Investigation and Planning. It was said that although the representation was filed and received by the opposite party no. 2, still no orders have been passed on the representation and the period of one month had already expired. The petitioner was also not paid salary Again an application dated 23-11-91 was submitted with a prayer that the respondent no. 2 was directed to appear before the Court on 22-11-91 and he flouted the orders of the court dated 16-11-91, The petitioner submitted an application with an affidavit before the court on 20-12-91 complaining that the petitioner submitted his representation and the respondent no 2 Chief Engineer did not decide the representation and did not consider the contents of the petitioner's representation within one month nor paid the salary to him. Thus, prayer was again made for staying the operation of the transfer order and direction for payment of salary.
(3.) A counter affidavit has been Sled by the Chief Engineer Sri Majid Ali Siddiqui personally. It has been categorically stated that the petitioner comes under the cadre 'C which is a State Cadre and he can be transferred any where in the State of U. P. The factual aspect as stated by the petitioner in para 8 of the affidavit was denied. It was pointed out the petitioner remained at Basti from 20-12-77 to 30-6-83, Flood Division, Faizabad from 1-7 83 to 26-10-87 and at the time of passing of the transfer order, he had been working in Flood Division Allahabad since 3-11-87. Thus, it is clear that petitioner was not posited in Restricted area so far. The allegation of the petitioner that his transfer order to Bareilly was modified and cancelled at the instance of some influencial person there, who wanted to stay at Bareilly, is wrong. The petitioner's wife Smt. Ratan Tewari submitted a representation against the transfer order and on her request, the transfer order passed earlier was modified and petitioner was transferred and posted to another Division of Allahabad. As such, it is a local transfer only. The petitioner without working in Restricted Zone has already completed 13 years of working in working Zone. As such, it was considered necessary to transfer him from the last posting. The petitioner's representation was considered by the Chief Engineer. Irrigation, U. P. by order dated 19th November, 1991.. A copy of the order passed on the representation has been onnexed as Annexure 1 with the counter affidavit. The reason, facts and circumstances are fully considered in the order rejecting the representation After hearing the learned counsel for the petitioner at length and learned Standing Counsel, I would like to make it clear that this court is very reluctant in interfering with the transfer orders passed by the Departments of the Government unless it is shown that transfer order was passed by way of punishment or it was passed on account of malice or ill will. The petitioner has not been able to show that there was any malice or ill will against the petitioner in passing the transfer order, The petitioner had already worked for about 13 years in working area and had not worked in Restricted Zone. Thus, he was correctly transferred to another place in accordance with the Departmental directions and State Government Policy in the matters of transfer;