- (1.) WE have heard learned counsel for the parties and perused the pleadings of writ petition.
(2.) THE instant writ petition has been filed by the petitioner assailing the transfer order dated 2.12.2013, passed by the opposite party no.1, whereby the petitioner has been transferred from Irrigation Division -II Maharajganj to Flood Division -II Gorakhpur in public interest while the opposite party no.4 has been transferred from Flood Division -II, Gorakhpur to Irrigation Division -II, Maharajganj, on his wife's request.
(3.) THE learned Senior Advocate, Shri S.K. Kalia assisted by Shri V.B. Kalia, appearing on behalf of the petitioner, has submitted that the petitioner was initially appointed as Assistant Engineer through U.P. Public Services Commission on 25.10.2006 and joined in the office of Superintending Engineer, Irrigation Works Circle -I, Gorakhpur He remained posted in Gorakhpur till 18.5.2013. The petitioner was transferred from Gorakhpur to Maharajganj on 14.5.2013 and continues to work till today. By the impugned order dated 2.12.2013 the petitioner was again transferred from Irrigation Division Maharajganj to Flood Division Gorakhpur within a short span of six months which is against the Transfer Policy of the Government. The learned Senior Counsel has submitted that the impugned transfer order has been passed only to accommodate the respondent no.4 on the said post. It is also a submission on behalf of the petitioner that the wife of respondent no.4 had requested for transfer of her husband on medical grounds. The respondent no.4 is posted at Gorakhpur which not only has a full -fledged medical college but also has several nursing homes having modern medical facilities, but in the garb of medical grounds, he has been transferred from Gorakhpur to Maharajganj which is a newly created district having no modern medical facilities. The learned counsel for the petitioner has submitted that he has no objection in case the respondent no.4 is accommodated at Maharajganj at any other vacant post but the petitioner should not be disturbed as he has joined only six months ago at Maharajganj. It is further submitted on behalf of the petitioner that the petitioner is a resident of district Deoria which is only 50 kilometers away from Gorakhpur and as per the rules of the Government the officer cannot be posted at his home district. The Flood Division -II, Gorakhpur on which the petitioner has been transferred is situated in District Deoria. For this reason also the transfer order is against the Government Policy.;