- (1.) HEARD the learned Counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner who is at present posted as Medical Officer in Community Health Centre, Haidergarh, District Barabanki, feeling aggrieved by his transfer to District Rae Bareli vide order dated 24-12-2004, where he remained posted for more than ten years, which fact has not been disputed by the learned Counsel for the petitioner, has approached this Court under Article 226 of the Constitution of India. Submission of the petitioner is that his mother is an old woman and is a patient of diabetes and Arthritis as well as the examination of his children are also scheduled to be held in the month of March and therefore, the study of his children would be adversely affected, in case the appellant is transferred from Barabanki to Rae Bareli in mid academic session. In our opinion, these questions can more appropriately be considered and dealt with by the State Government itself. Apart from the stay of transfer or its cancellation on compassionate ground lies within the domain of the State Government and the High Court rarely interferes in such matters. We however take notice of the transfer policy of the Government vide Government Order dated 3-6- 2004 and we are constrained to observe that the policy under which the transfer orders are said to have been passed, was pronounced on 3-6-2004 but the transfer orders are being effected every day. Normally, the transfers are to be effected at the time of Annual Transfers and in exceptional cases or for any valid reasons may be administrative or otherwise the transfer order can be passed any time during the course of the year but passing of transfer order every day throughout the year is neither the spirit of the policy nor can be the requirement of the exigencies of service. The State Government ought to consider while issuing transfer orders that in case the time for annual transfer is approaching, there may be no reason for transferring the Government servant during the mid of the session and that ordinarily the transfer order should be passed at the time of annual transfers.
(3.) WE, therefore, while declining to entertain the writ petition, give liberty to the petitioner to make a fresh representation raising his grievance within a period of two weeks from today. If such a representation is made, the same shall be considered and disposed of expeditiously preferably within a period of six weeks, thereafter. For a period of eight weeks, the petitioner shall be allowed to continue at his present place of posting if no one has joined in place of the petitioner and the operation and implementation of the transfer order dated 24-12-2004 contained in Annexure-1 to the writ petition in respect of the petitioner shall remain stayed till then. In case the representation is not made within the aforesaid period of two weeks from today, the benefit of this order would not be available to the petitioner.;