- (1.) The petitioner is a class-III employee in the Consolidation Department. Presently he is working in the office of Settlement Officer Consolidation, Amroha. His wife is a Government employee and she is employed as an Assistant Teacher in Primary School Chizarsi Block/Tehsil-Dhaulana, District Hapur.
(2.) The petitioner moved an application before the second respondent for his transfer from district Amroha to district Hapur where his wife is functioning as an Assistant Teacher. When no decision was taken, the petitioner preferred Writ Petition No. 48105 of 2015 in this Court. The said writ petition was disposed of on 26th August, 2015 with a direction upon the appropriate authority to consider the grievance of the petitioner and pass appropriate order. In compliance of the said order, the second respondent has passed the impugned order dated 17th December, 2015 and has rejected the application of the petitioner for transfer on the three grounds; (i) in Hapur, where the petitioner wants to be transferred, the court of SOC is lying vacant as there is no work; (ii) in District Hapur, recently the consolidation has been commenced; and, (iii) in the present office, where the petitioner is posted i.e. at Amroha, there is sufficient workload, therefore, the petitioner cannot be transferred.
(3.) The learned Counsel for the petitioner submits that all the grounds mentioned in the impugned order are incorrect as in district Hapur, Additional District Magistrate is holding the additional work of Settlement Officer Consolidation and in district Amroha the petitioner has been assigned additional work.;